An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.

Volume 1968 Law 99

Volume	1968
Law Number	438
Subjects	Business Debt Public officers

CHAPTER 438

An Act to amend the Code of Virginia by adding in Title 6.1 a chapter
numbered 10, consisting of §§ 6.1-852 through 6.1-860, relating to a
Virginia Consumer Credit Code, to require persons regularly en-
gaged in credit transactions to furnish certain information to per-
sons to whom credit is extended, to regulate certain practices with
respect to creditors, to charge the State Corporation Commission
with the enforcement of the Virginia Consumer Credit Code, to
grant certain powers and require certain procedure of the State
Corporation Commission with respect thereto, and to provide punish-
ment for violations and to conform 8§ 46.1-545 and 54-846 thereto.

[H 238]
Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1, That the Code of Virginia be amended by adding in Title 6.1 a chapter
numbered 10, consisting of §§ 6.1-352 through 6.1-360 as follows:

CHAP. 10
CONSUMER CREDIT
ARTICLE 1.

§ 6.1-352. This chapter may be cited as the Virginia Consumer
Credit Code.
§ 6.1-353. For the purposes of this chapter—

(a) “Commission” means the State Corporation Commission.

(b) “Credit”? means the right granted by a creditor to a person other
than an organization to defer payment of debt or to incur debt and defer
its payment, where the debt is contracted by the obligor primarily for
personal, family, household, or agricultural purposes. The term does not
include any contract in the form of a bailment or lease except to the extent
specifically included within the term “‘consumer credit sale’.

(c) “Consumer Credit Sale” means a transaction in which credit is
granted by a seller in connection with the sale of goods or services, if such
seller regularly engages in credit transactions as a seller, and such goods
or services are purchased primarily for a personal, family, household, or
agricultural purpose. The term does not include any contract in the form
of a bailment or lease unless the obligor contracts to pay as compensation
for use a sum substantially equivalent to or in excess of the value of the
goods or services involved, and unless it is agreed that the obligor is bound
to become, or for no other or a merely nominal consideration has the
option of becoming, the owner of the goods upon full compliance with the
provisions of the contract.

(d) (1) “Finance charge” means the sum of all the mandatory
charges imposed directly or indirectly by a creditor, and payable directly
or indirectly by an obligor, as an incident to the extension of credit, in-
cluding loan fees, service and carrying charges, discounts, interest, time
price differentials, investigators’ fees, costs of any guarantee or insurance
protecting the creditor against the obligor’s default or other credit loss,
and any amount payable under a point, discount, or other system of addi-
tional charges.

(2) If itemized and disclosed under § 6.1-354, the term does not in-
clude amounts collected by a creditor, or included in the credit, for (A)
fees and charges prescribed by law which actually are or will be paid to
public officials for determining the existence of or for perfecting or re-
leasing or satisfying any lien related to a credit transaction; (B) taxes.

(3) Where credit is secured in whole or in part by an interest in real
property, the term does not include, in addition to the duly itemized and
disclosed costs referred to in clauses (A) and (B) of paragraph (2), the
costs of (i) title examination, title insurance, or corresponding proce-
dures; (ii) preparation of the deed, settlement statement, or other docu-
ments; (iii) escrows for future payments of taxes and insurance; (iv)
notarizing the deed and other documents; (v) appraisal fees; and (vi)
credit reports.

(e) “Creditor” means any individual, or any partnership, corpora-
tion, association, cooperative, or other entity, including the Common-
wealth of Virginia or any agency or instrumentality thereof, or any other
state government or political subdivision or agency or instrumentality
thereof, if such individual or entity regularly engages in credit transac-
tions, whether in connection with the sale of goods and services or other-
wise, and extends credit for which the payment of a finance charge is
required.

(f) (1) “Annual percentage rate” means, for the purposes of sections
6.1-354 (b), 6.1-854 (c) and 6.1-354 (d), the nominal annual rate deter-
mined by the actuarial methods (United States rule). For purposes of this
calculation it may be assumed that:

A) The total time for repayment of the total amount to be financed
is the time from the date of the transaction to the date of the final sched-
uled payment.

(B) All payments are equal if every scheduled payment in the series
of payments is equal except one which may not be more than double any
other scheduled payment in the series.

- (CC) All payments are scheduled at equal intervals, if all payments
are so scheduled except the first payment which may be scheduled to be
paid before, on, or after one period from the date of the transaction. A
period of time equal to one-half or more of a payment period may be
considered one full period.

(D) For the purposes of § 6.1-354 (d), the annual percentage rate
may be computed by multiplying the rate or rates used to compute the
finance charge for any period by the number of periods in a year.

(2) The Commission may prescribe methods other than the actuarial
method, if the Commission determines that the use of such other methods
will materially simplify computation while retaining reasonable accuracy
as compared with the rate determined under the actuarial method.

__ (3) Where a creditor imposes the same finance charge for all balances
within a specified range, the annual percentage rate shall be computed on
the median balance within the range for the purposes of §§ 6.1-354 (b),
6.1-854 (c), and 6.1-354 (d).

(g) “Open-end credit plan” means a plan prescribing the terms of
credit transactions which may be made thereunder from time to time
and under the terms of which a finance charge may be computed on the
outstanding unpaid balance from time to time thereunder.

(h) “Organization” means a corporation, government or govern-
mental subdivision or agency, business or other trust, estate, partnership,
or association.

§ 6.1-354. (a) Each creditor shall furnish to each person to whom
credit is extended and upon whom a finance charge is or may be imposed
the information required by this section, in accordance with regulations,
if any, prescribed by the Commission.

(b) This subsection applies to consumer credit sales other than sales
under an open-end credit plan. For each such sale the creditor shall dis-
close, to the extent applicable—

(1) the cash price of the property or service purchased;

(2) the sum of any amounts credited as down payment (including
any trade-in) ;

4 3} the difference between the amounts set forth in paragraphs (1)
an ;
(4) all other charges, individually itemized, which are included in
aa amount of the credit extended but which are not part of the finance
charge;

(5) the total amount to be financed (the sum of the amounts disclosed
under (3) and (4) above);

(6) the amount of the finance charge (such charge, or a portion of
such charge, may be designated as a time-price differential or as a similar
term to the extent applicable) ;

(7) the finance charge expressed as an annual percentage rate (if the
creditor imposes different rates on different portions of an unpaid balance,
separate annual percentage rates, and the portions of the unpaid balance
to which they apply, may be disclosed in lieu of a single annual percentage

(8) the number, amount, and due dates or periods of payments sched-
uled to repay the indebtedness;

(9) the default, delinquency, or similar charges payable in the event
of late payments; and

(10) a description of any security interest held or to be retained or
acquired by the creditor in connection with the extension of credit, and
a clear identification of the property to which the security interest relates.

Except as otherwise hereinafter provided, the disclosure required by
this subsection shall be made before the credit is extended. Compliance
may be attained by disclosing such information in the contract or other
evidence of indebtedness to be signed by the obligor. Where a seller re-
ceives a purchase order by mail or telephone without personal solicita-
tion by a representative of the seller and the cash price and deferred pay-
ment price and the terms of financing, including the annual percentage
rate, are set forth in the seller’s catalog or other printed material dis-
tributed to the public, the disclosure shall be made on or before the date
the first payment is due. Where a creditor mails or otherwise transmits
monthly or other periodic bills of statements in connection with any sale
to which this subsection is applicable, each such bill or statement shall
set forth, to the extent applicable, the items described in subsection (d) (3)
of this section, except that if the credit is extended for a period of five
years or more, the items described in subsection (d) (3) need not be set
forth more than once in each calendar year. If a credit sale is one of a
series of credit sale transactions made pursuant to an agreement providing
for the addition of the deferred payment price of that sale to an existing
outstanding balance, and the person to whom the credit is extended has
approved in writing both the annual percentage rate or rates and the
method of computing the finance charge or charges, and the creditor
retains no security interest in any goods sold as to which he has received
payments aggregating the amount of the sales price including any finance
charges attributable thereto, then the disclosure required by this subsec-
tion for the particular sale shall be made on or before the date the first
payment for that sale is due.

(c) This subsection applies to extensions of credit other than con-
sumer credit sales or transactions under an open-end credit plan. Any
creditor making a loan or otherwise extending credit under this subsec-
tion shall disclose, to the extent applicable—

(1) the amount of credit of which the obligor will have the actual
use, or which is or will be paid to him or for his account or to another
person on his behalf;

(2) all charges, individually itemized, which are included in the
amount of the credit extended but which are not part of the finance

ge;
bo Sy the total amount to be financed (the sum of items (1) and (2)
above) ;
(4) the amount of the finance charge;

(5) the finance charge expressed as an annual percentage rate (if the
creditor imposes different rates on different portions of an unpaid balance,
separate annual percentage rates, and the portions of the unpaid balance
to oe they apply, may be disclosed in lieu of a single annual percentage
rate);
(6) the number, amount, and due dates or periods of payments
scheduled to repay the indebtedness;

(7) the default, delinquency, or similar charges payable in the event
of late payments; and

(8) a description of any security interest held or to be retained or
acquired by the creditor in connection with the extension of credit, and
a clear identification of the property to which the security interests relates.

(d) (1) This subsection applies to open-end credit plans.

(2) Before opening any account under an open-end credit plan, the
creditor shall, to the extent applicable, disclose to the person to whom
credit is to be extended—

(A) the conditions under which a finance charge may be imposed,
including the time period, if any, within which any credit extended may
be repaid without incurring a finance charge;

(B) the method of determining the balance upon which a finance
charge will be imposed;

(C) the method of determining the amount of the finance charge (in-
cluding any minimum or fixed amount imposed as a finance charge), the
annual percentage rate of the finance charge to be imposed if any (if the
creditor imposes different rates on different portions of an unpaid balance,
separate annual percentage rates, and the portions of the unpaid balance
to oe they apply, may be disclosed in lieu of a single annual percentage
ra

(D) the conditions under which any other charges may be imposed,
and the method by which they will be determined; and

(E) the conditions under which the creditor may retain or acquire
any security interest in any property to secure the payment of any credit
extended under the plan, and a description of the interest or interests
which may be so retained or acquired.

(3) For each billing cycle at the end of which there is an outstand-
ing balance under any such account, the creditor shall disclose to the ex-
tent applicable—

(A) the outstanding balance in the account at the beginning of the
billing period;

(B) the amount and date of each extension of credit during the period
and, if a purchase was involved, a brief identification (unless previously
furnished) of the goods or services purchased;

(D) the amount of any finance charge added to the account during
the period, itemized to show the amount, if any, due to the application
of a percentage rate and the amount, if any, imposed as a minimum or
fixed charge;

(E) the balance on which the finance charge was computed and a
statement of how the balance was determined. If such a balance is deter-
mined without first deducting all payments during the period, that fact
and the amount of such payments shall also be disclosed;

(F) the finance charge expressed as an annual percentage rate (if
the creditor imposes different rates on different portions of an unpaid
balance, separate annual percentage rates, and the portions of the unpaid
balance to which they apply, may be disclosed in lieu of a single annual
percentage rate) ;

(G) the outstanding balance in the account at the end of the period;

(H) the date by which, or the period (if any) within which, payment
must be made to avoid additional finance charges.
(4) If a creditor adds to this billing under an open-end credit plan
one or more installments of other indebtedness from the same obligor,
the creditor is not required to disclose under this subsection any informa-
<b) ry has been disclosed previously in compliance with subsection

or (c).

(e) Written acknowledgment of receipt by a person to whom a state-
ment is required to be given pursuant to this section shall be conclusive
proof of the delivery thereof and, unless the violation is apparent on the
face of the statement, of compliance with this section in any action or

roceeding by or against an assignee of the original creditor without
owledge to the contrary by such assignee when he acquires the obliga-
tion, unless the assignee, its subsidiaries, or affiliates, are in a continuing
business relationship with the original creditor. Such acknowledgment
shall not affect the rights of the obligor in any action against the original
creditor.

(f) If there is more than one obligor, a creditor may furnish a state-
ment of required information to only one of them. Required information
need not be given in the sequence or order set forth in this section. Addi-
tional information or explanations may be included. So long as it con-
veys substantially the same meaning, a creditor may use language or
terminology in any required statement different from that prescribed by
this chapter.

(g) If information disclosed in accordance with this section or any
regulations prescribed by the Commission is subsequently rendered inac-
curate as the result of a prepayment, late payment, adjustment, or amend-
ment of the credit agreement through mutual consent of the parties or as
permitted by law, or as the result of any act or occurrence subsequent to
delivery of the required disclosures, the inaccuracy resulting therefrom
shall not constitute a violation of this chapter.

§ 6.1-355. (a) The Commission may prescribe regulations to carry
out this chapter, including provisions—

(1) describing the methods which may be used in determining annual
percentage rates under § 6.1-354, including, but not limited to, the use of
any rules, charts, tables, or devices by creditors to convert to an annual
percentage rate any add-on, discount or other method of computing a
finance charge;

(2) prescribing procedures to ensure that the information required
to be disclosed under § 6.1-354 is set forth clearly and conspicuously; and

(3) prescribing reasonable tolerances of accuracy with respect to dis-
closing information under § 6.1-354.

(4) prescribing those charges which shall be included or excluded
within the term “mandatory charges” as used in § 6.1-353 (d) (1) other
than those charges which are specifically included in § 6.1-353 (d) (1).

(b) In prescribing regulations with respect to reasonable tolerances
of accuracy as required by subsection (a) (8), the Commission shall
observe the following limitations:

(1) the annual percentage rate may be rounded to the nearest quarter
of one per centum for credit transactions payable in substantially equal
installments when a creditor determines the total finance charge on the
basis of a single add-on, discount, periodic, or other rate, and such rates
are converted into an annual percentage rate under procedures prescribed
by the Commission.

(2) The use of rate tables or charts may be authorized in cases where
the total finance charge is determined in a manner other than that speci-
fied in paragraph (1). Such tables or charts may provide for the dis-
closure of annual percentage rates which vary up to eight per centum of
the rate as defined by § 6.1-353 (f). However, any creditor who willfully
and knowingly uses such tables or charts in such a manner so as to con-
sistently understate the annual percentage rate, as defined by § 6.1-353
(f), shall be liable for criminal penalties under § 6.1-357 (b) of this

er.

(3) In the case of creditors determining the annual percentage rate
in a manner other than as described in paragraph (1) or (2), the Com-
mission may authorize other reasonable tolerances.

(4) In order to simplify compliance where irregular payments are
involved, the Commission may authorize tolerances greater than those
specified in paragraph (2).

(c) Any regulation prescribed hereunder may contain such classi-
fications and differentiations and may provide for such adjustments and
exceptions from this chapter or the regulations thereunder for any class
of transactions, as in the judgment of the Commission are necessary or
proper to effectuate the purposes of this chapter or to prevent circumven-
tion or evasion of, or to facilitate compliance by creditors with, this chap-
ter or any regulation issued hereunder. In prescribing exceptions, the
Commission may consider, among other things, whether any class of
transactions is subject to any other State law or regulation which requires
disclosures substantially similar to those required by § 6.1-354.

(d) The Commission may by regulation prescribe additional or fur-
ther disclosures if it finds that such additional or further disclosure is
necessary to effectuate disclosures similar or substantially similar to any
federal statute or regulation hereafter enacted or promulgated which pro-
vides for exemption from the federal statute or regulation of any class
of credit transactions which are subject to State law or regulation similar
or substantially similar to the federal statute or regulation.

(e) It is the expressed intention of this legislature that if exemption
from federal statute or regulation of the disclosure class of credit trans-
actions covered hereby cannot be effected, that the federal] statute shall
preempt the provisions of this article.

(f) Before promulgating any regulation, the Commission shall, after
reasonable notice in newspapers, hold a public hearing on the proposed
regulations. The Commission shall print in pamphlet form copies of all
regulations promulgated hereunder and keep such pamphlet or pamphlets
available for public distribution. Regulations shall be promulgated by
order of the Commission, and any person affected thereby may appeal
from the order to the Supreme Court of Appeals.

§ 6.1-356. Except as specified in § 6.1-357, nothing contained in this
chapter or any regulations issued thereunder shall affect the validity or
enforceability of any contract or obligation under State or federal law.

§ 6.1-857. (a)(1). Any creditor who, in connection with any credit
transaction, knowingly fails in violation of § 6.1-854, or any regulation
issued thereunder, to disclose any material information to any person to
whom such information is required to be given shall be liable to such
person in the amount of $100, or in any amount equal to twice the finance
charge required by such creditor in connection with such transaction,
whichever is the greater, except that such liability shall not exceed $1,000
on any credit transaction.

(2) In any action brought under this subsection in which it is shown
that the creditor disclosed a percentage rate or amount less than that re-
quired to be disclosed by § 6.1-354 or regulations prescribed by the Com-
mission (after taking into account permissible tolerances), or failed to
disclose information so required, there shall be a rebuttable presumption
that such violation was made knowingly. Such presumption shall be
rebutted if the creditor shows by a preponderance of evidence that the
violation was not intentional and resulted from a bona fide error notwith-
standing the maintenance of procedures reasonably adapted to avoid any
such error: Provided, that a creditor shall have no liability under this
subsection if within fifteen days after discovering the error, and prior to
the institution of an action hereunder or the receipt of written notice of
the error, the creditor notifies the person concerned of the error and
makes whatever adjustments in the appropriate account as are necessary
to ensure that such person will not be required to pay a finance charge in
excess of the amount or percentage rate so disclosed.

(3) Any action under this subsection may be brought in any court
of competent jurisdiction in which the defendant could be proceeded
against in an action on a contract within one year from the date of the
occurrence of the violation. In any such action in which a person recovers
a penalty as prescribed in paragraph (1), the defendant shall also be liable
for reasonable attorneys’ fees and court costs as determined by the court.

(b) Any person who knowingly and willfully gives false or inac-
curate information or fails to provide material information required to
be disclosed under the provisions of this chapter or any regulation issued
thereunder, or who otherwise knowingly and willfully violates any provi-
sion of this chapter or any regulation issued thereunder, shall be guilty
of a misdemeanor and be fined not more than $1,000 or confined in jail
not more than twelve months, or both.

(c) No punishment or penalty provided by this chapter shall apply
to the United States, or any agency thereof, or to any State, any political
subdivision thereof, or any agency of any State or political subdivision.

d) No person shall be subject to punishment or penalty under this
chapter solely as the result of the disclosure of a finance charge or per-
centage which is greater than the amount of such charge or percentage
required to be disclosed by such person under § 6.1-354, or regulations
prescribed by the Commission.

§ 6.1-358. The provisions of this article shall not apply to—

(1) credit transactions involving extensions of credit for business
or commercial purposes, or to governments or governmental agencies or
instrumentalities, or to organizations; or

(2) transactions in securities or commodities in accounts by a broker-
dealer registered with the Securities and Exchange Commission or the
Commission.

(3) credit transactions, other than real property transactions, in
which the total amount to be financed exceeds $25,000.

§ 6.1-359. The provisions of this chapter shall take effect upon
January 1, 1969; except that pursuant to the provisions of § 6.1-355, the
Commission may prior to such date and after July 1, 1968, promulgate
regulations to take effect on January 1, 1969, or suspend any provisions
of this article. The provisions of this chapter shall prevail over any other
provisions of any other disclosure statute of this State.

§ 6.1-360. (a) If a creditor, in order to aid, promote, or assist
directly or indirectly, any consumer credit sale, loan, or other extension
of credit subject to the provisions of this section, other than an open-end
credit plan, states or otherwise represents in any advertisement

(1) the rate of the finance charge, the advertisement shall state the
rate of the finance charge expressed as an annual percentage rate; or

(2) the amount of an installment payment or the dollar amount of
finance charge, the advertisement shall state:

(A) the cash price or the amount of the loan, as applicable;

(B) the downpayment, if any;

(C) the number, amount, and due dates or period of payments
scheduled to repay the indebtedness if such credit were extended; and

te (D) the rate of the finance charge expressed as an annual percentage
rate.

The provisions of this subsection shall not apply to advertisements
of residential real estate except to the extent that the Commission may
by regulation require.
_ (b) No creditor, in order to aid, promote, or assist directly or in-
directly, the extension of credit under an open-end credit plan may state
or otherwise represent in any advertisement any of the specific terms of
that plan unless the advertisement clearly and conspicuously sets forth
(1) the conditions under which a finance charge may be imposed,
including the time period, if any, within which any credit extended may
be repaid without incurring a finance charge;

(Z) the method of determining the balance upon which a finance
charge will be imposed;

_ (3) the method of determining the amount of the finance charge
(including any minimum or fixed amount imposed as a finance charge),
and the annual percentage rate; and

(4) the conditions under which any other charges may be imposed,
and the method by which they will be determined.
(c) No creditor may state or otherwise represent in any advertise-

(1) that a specified periodic credit amount or installment amount
can be arranged, unless the creditor usually and customarily arranges
credit payments or installments for that period and in that amount; or

2) that a specified downpayment is required, unless the creditor
usually and customarily arranges downpayments in that amount.

(d) For the purposes of subsections (a), (b) and (c), a catalog or
other multiple-page advertisement shall be considered a single advertise-
ment if the catalog or other multiple-page advertisement clearly and
conspicuously displays a credit terms table on which the information
required to be stated by subsections (a), (b), and (c) is clearly set forth.

(e) The prohibitions and requirements of subsections (a), (b), (c)
and (d) of this section shall apply only to a creditor or his agent directly
or indirectly causing the publication or dissemination of an advertise-
ment and not to the owner, employees, or distributors of the medium
in which the advertisement appears or through which it is disseminated.
2. That § 46.1-545 of the Code of Virginia, as amended, be amended and
reenacted as follows:

§ 46.1-545. Installment sales.—(a) Every retail installment sale
shall be evidenced by an instrument in writing, which shall contain all
the agreements of the parties and shall be signed by the buyer.

(b) Prior to or at the time of delivery of the motor vehicle the seller
shall deliver to the buyer a written statement describing clearly the
motor vehicles sold to the buyer, * and the information required under
$ 6.1-854 of the Code. Whenever any charge for a summary of insurance
coverage appears on such statement, and the insurance coverage effected
or to be effected thereunder does not include a policy of motor vehicle
liability insurance, the seller or his assignee shall stamp or mark upon
the face of such writing in red letters no smaller than eighteen point
type the following words: ‘No Liability Insurance Included”. The Com-
missioner may determine the form of such statement to be included therein.
In the event that a policy of insurance of any kind is purchased at the time
of the sale of a motor vehicle the seller shall deliver to the purchaser the
policy of insurance, or a copy of the policy, within a reasonable time.

8. That § 54-846 of the Code of Virginia, as amended, be amended and
reenacted as follows:

54-846. Memorandum to be given pledgor.—Every pawnbroker
shall at the time of each loan deliver to the person pawning or pledging
any goods, article or thing, a memorandum or note, signed by him, con-
taining * the information required by § 6.1-354 of the Code, and no
charge shall be made or received by any pawnbroker for any such entry,
memorandum or note.
An Act to revise, rearrange, amend and recodify the general laws of
Virginia relating to trade and commerce; to that end to repeal Title
59 of the Code of Virginia, which title includes Chapters 1 to 17 and
§§ 59-1 to 59-235, inclusive, of the Code of Virginia, as amended, which
title relates to trade and commerce; to amend the Code of Virginia
by adding thereto in lieu of the foregoing title, chapters and sections
of the Code repealed by this act a new title numbered 59.1, which title
includes new chapters numbered 1 to 16, both inclusive, and new
sections numbered 59.1-1 to 59.1-195, both inclusive, relating to
trade and commerce generally; to repeal §§ 18.1-129 through
18.1-146.1 of the Code of Virginia; to amend the Code of Virginia by
adding in Title 15.1 thereof sections numbered 15.1-528, 15.1-524 and
15.1-525; and to prescribe when such revision and recodification shall
become effective.

(H 239]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That Title 59 of the Code of Virginia, which title includes Chapters
1 to 17 and §§ 59-1 to 569-235, inclusive, of the Code of Virginia, as
amended, is repealed.
2. That §§ 18.1-129 through 18.1-146.1 of the Code of Virginia are
repealed.
8. That the Code of Virginia be amended by adding thereto, in lieu of the
title, chapters and sections of the Code of Virginia herein repealed, a new
title numbered 59.1, new chapters numbered 1 to 16, inclusive, and new
sections numbered 59.1-1 to 59.1-195, inclusive, which new title, chapters
and sections are as follows:

CHAPTER 1.
FAIR TRADE ACT.

§ 59.1-1. Title of Chapter.—This chapter may be known and cited as
the “Fair Trade Act”.

§ 59.1-2. Definitions; notice of and assent to terms of contract.—
The following terms, as used in this chapter, are hereby defined as follows:

(1) “Commodity” means any subject of commerce, except meat and
meat products, meal, flour, bakery products, fresh and canned fish, sea
food, fresh and canned fruits and vegetables, coffee, tea, ice, sugar and
wearing apparel.

(2) “Wearing apparel’ means the finished product or article and
does not include any material, ingredient, or component out of which wear-
ing apparel is made, altered or repaired.

(3) “Producer” means any grower, baker, maker, manufacturer,
bottler, packer, converter, processor or publisher.

(4) “Distributor” means any person who identifies a commodity
distributed by him by the use of his trade-mark or trade name.

(5) “Wholesaler” means any person who buys a commodity for the
purpose of resale.

(6) “Retailer” means any person selling a commodity to a consumer

( 7) “Trade-mark” means any word, name, symbol or device, or any
-ombination thereof used by a producer or distributor to identify his
commodity and distinguish it from that produced or distributed by others.
(8) “Trade name” means personal names, and any word, words,
symbol or symbols used by producers or distributors to identify their
companies, firms or corporations. ; .

(9) ‘Person’? means an individual, a corporation, a partnership, an
association, a joint-stock company, a business trust or any unincorpora
organization. r

(10) “Contract” means any agreement, written or verbal, or actual
notice imparted by mail or attached to the commodity or containers thereof.

The acceptance of a commodity for resale, after notice imparted by
mail or attached to the commodity or containers thereof, shall be prima
facie evidence of actual notice of the terms of the “contract”. Acceptance
for resale with actual notice shall be deemed to be assent to the terms
of the “contract”’.

_, § 59.1-3. Provisions not rendering contracts invalid; required pro-
visions.—No contract relating to the sale or resale of a commodity which
bears, or the label or container of which bears, the trade-mark or trade
name of the producer or distributor of such commodity and which com-
modity is in free and open competition with commodities of the same
general class produced or distributed by others shall be deemed in violation
of any law of the State by reason of any of the following provisions which
may be contained in such contract:

_ ,(a) That the buyer will not resell such commodity at less than the
minimum price stipulated by the seller;

(b) That the buyer will require of any dealer to whom he may resell
such commodity a contract that he will not, in turn, resell at less than the
minimum price stipulated by the seller:

(1) To any wholesaler, unless such wholesaler will agree not to resell
the same to any retailer unless the retailer will in turn agree not to resell
the 8ame except to consumers for use and at not less than the stipulated
minimum price, and such wholesaler will likewise agree not to resell the
Same to any other wholesaler unless such other wholesaler will make the
Same agreement with any wholesaler or retailer to whom he may resell; or

(2) Toany retailer, unless the retailer will agree not to resell the same
except to consumers for use and at not less than the stipulated minimum
price.

§ 59.1-4. Violation of resale price restrictions.—For the purpose of
preventing evasion of the resale price restrictions imposed in respect of any
commodity by any contract, except to the extent authorized by the contract,
the following instances shall be deemed a violation of such resale price re-
striction, for which the remedies prescribed by § 59.1-7 shall be available:

(a) The offering or giving of any article of value in connection with
the sale of such commodity;

(b) The offering or the making of any concession of any kind what-
soever, whether by the giving of coupons or otherwise, in connection with
any such sale; or

Nothing contained in this section shall be construed as prohibiting the
giving of “premium stamps,” the furnishing, supplying or use of which may
be taxed under article 10.1 (58-354.1 et seq.), Chapter 7, Title 58, of the
Code of Virginia, as amended.

§ 59.1-5. Who may establish minimum resale price—No minimum
resale price shall be established for any commodity by any person other
than the owner of the trade-mark or trade name used in connection with
such commodity or a wholesaler specifically authorized to establish such
price by the owner of such trade-mark or trade name.
§ 59.1-6. Resales not precluded.—No contract containing any of the
provisions enumerated in § 59.1-3 shall be deemed to preclude the resale of
any commodity covered thereby without reference to such contract in the
following cases:

(a) In closing out the owner’s stock for the bona fide purpose of
discontinuing dealing in such commodity and plain notice of the fact is
given to the public; provided the owner of such stock shall give to the
producer, distributor, or wholesaler, as the case may be, of such commodity
prompt and reasonable notice in writing of his intention to close out such
stock, and an opportunity to purchase such stock at the original invoice
price;
(b) When the goods are altered, second-hand, damaged, defaced or
deteriorated and plain notice of the fact is given to the public in the adver-
tisement and sale thereof, such notice to be conspicuously displayed in all
advertisements and to be affixed to the commodity ;

59.1-7. Actionable unfair competition.—Willfully and knowingly
advertising, offering for sale or selling any commodity at less than the price
stipulated in any contract is unfair competition and is actionable at the
suit of any person damaged thereby.

§ 59.1-8. Contracts exempted.—This chapter shall not apply to any
contract, agreement, or understanding between or among producers or
distributors or, except as provided in subsection (b) (1) of § 59.1-3, be-
tween or among wholesalers, or between or among retailers, as to sale or
resale prices. Nor shall this chapter apply to any sale of a commodity to the
Commonwealth of Virginia, or an agency thereof, a political subdivision, a
county, city or town, or a religious, charitable or educational institution.

§ 59.1-9. Purposes of chapter.—This chapter is enacted in the
exercise of the police powers of the Commonwealth, and its purposes are
generally to protect and preserve small business, to safeguard the goodwill
of trade-marks and trade names, to further wholesome competition, to pre-
vent monopoly, and to promote the public welfare by securing wider dis-
tribution of commodities and an increase in the production thereof, and
thereby reducing production and distribution costs, protecting and increas-
ing gainful employment in manufacturing, wholesaling and retailing, all
for the benefit of the consumer and the well-being of the citizens of the
Commonwealth.

CHAPTER 2.
UNFAIR SALES ACT.

§ 59.1-10. Title of chapter.—This chapter shall be known and
designated, and may be cited as the “Unfair Sales Act’’.

§ 59.1-11. Definitions.—When used in this chapter, unless otherwise
stated and unless the context or subject matter clearly indicates otherwise:

(1) “Merchandise” shall mean any tangible personal property the
subject of commerce.

(2) “Cost to the retailer” shall mean the invoice cost of the mer-
chandise to the retailer or the replacement cost of the merchandise to the
retailer within thirty days prior to the date of sale, in the quantity last
purchased, whichever is lower; less all trade discounts except customary
discounts for cash; to which shall be added (a) freight charges not other-
wise included in the cost of the merchandise, (b) cartage to retail outlet if
done or paid for by the retailer, which cartage cost shall be deemed to be no
more than the lowest published common carrier rate available for such
merchandise and in the absence of such published rate such cartage
ost shall be deemed to be not less than three-fourths of one per centum
of the cost of the merchandise to the retailer as herein defined, unless
she retailer claims and proves a lower cartage cost, and (c) a mark-up
0 cover in part the cost of doing business, which mark-up in the absence
of proof of a lesser cost, shall be not less than Six per \ti"" ©
total cost at retail outlet. a § th

(3) “Cost to the wholesaler’ shall mean the invoice cost 0 7 e
merchandise to the wholesaler or the replacement cost of the merchandise
to the wholesaler within thirty days prior to date of sale, in the quantity
last purchased, whichever is lower; less all trade discounts except custo-
mary discounts for cash; to which shall be added (a) State and local sales
taxes paid by the wholesaler with respect to such merchandise, (b) freight
charges not otherwise included in the cost of the merchandise, (c) cart-
age to the retail outlet if done or paid for by the wholesaler, which
cartage cost shall be deemed to be no more than the lowest published
common carrier rate available for such merchandise and in the absence
of such published rate such cartage cost shall be deemed to be not less
than three-fourths of one per centum of the cost of the merchandise to
the wholesaler as herein defined, unless said wholesaler claims and proves
a lower cartage cost, and (d) a mark-up to cover in part the cost of doing
business, which mark-up, in the absence of proof of a lower cost, shall be
not less than two per centum of the total cost of the merchandise at
wholesale warehouse or outlet. ;

(4) “Cost to the retailer” and “cost to the wholesaler’ as defined in
subsections (2) and (3) shall mean bona fide costs. .

(5) “Sell at retail”, “sales at retail” and “retail sale shall mean
and include any transfer for a valuable consideration, made in the ordinary
course of trade or in the usual prosecution of the seller’s business of title
to merchandise to the purchaser for consumption or use other than re-
sale or further processing or manufacturing. The above terms shall in-
clude any transfer of such property where title is retained by the seller
as security for the payment of such purchase price.

(6) “Sell at wholesale”, “sales at wholesale” and “wholesale sales”
shall mean and include any transfer for a valuable consideration made in
the ordinary course of trade or the usual prosecution of the seller’s busi-
ness, of title to merchandise to the purchaser for purposes of resale or
further processing or manufacturing. The above terms shall include any
such transfer of property where title is retained by the seller as security
for the payment of the purchase price.

(7) “Retailer” shall mean and include every person, partnership,
corporation or association engaged in the business of making sales at retail
within the State; provided that, in the case of a person, partnership,
corporation or association engaged in the business of making sales both at
retail and at wholesale such term shall be applied only to the retail por-
tion of such business.

(8) “Wholesaler”? shall mean and include every person, partnership,
corporation or association engaged in the business of making sales at
wholesale within the State; provided that, in the case of a person, part-
nership, corporation or association engaged in the business of making
sales both at wholesale and at retail, such terms shall be applied only to
the wholesale portion of such business.

§ 59.1-12. Items advertised or sold at combined price.—When two or
more items are advertised, offered for sale or sold at a combined price, the
price of each such item named shall be governed by the provisions of subsec-
tions (2) and (8) of the preceding section, respectively.

§ 59.1-13. “Sales at retail’ and “sales at wholesale” by same person.
—Jn each case where both of the functions, “‘sales at retail” and ‘“‘sales at
wholesale”, are performed by the same firm or person, or where the retailer
buys a portion of his supplies direct from the manufacturer or producer or
any other source, thereby acting as his own wholesaler, then both the retail
and wholesale minimum mark-ups plus all transportation costs, as defined in
§ 59.1-11 of the Code of 1950 as now or hereafter amended, shall apply to
sales at retail. ;

§ 59.1-14. Unfair method of competition; evidence of violation.—It
is hereby declared that advertisement, offer to sell, or sale of any merchan-
dise, either by retailers or wholesalers, at less than cost as defined in this
chapter, with the intent of diverting trade from a competitor, or with the
intent of deceiving any purchaser or prospective purchaser, substantially
lessening competition, unreasonably restraining trade, or tending to create
a monopoly in any line of commerce, is an unfair method of competition,
contrary to public policy, and in contravention of the policy of this chapter.

In any action brought pursuant to this chapter, whether civil or
criminal, proof of advertisement, offering to sell or sale of any merchandise
at less than cost as defined in this chapter shall be prima facie evidence of
intent to divert trade from a competitor, to substantially lessen com-
petition, and to unreasonably restrain trade.

§ 59.1-15. Violation a misdemeanor.—Any retailer who shall, in
contravention of the policy of this chapter, advertise, offer to sell or sell at
retail any item of merchandise at less than cost to the retailer as defined in
this chapter; or any wholesaler who shall, in contravention of the policy of
this chapter, advertise, offer to sell, or sell at wholesale any item of mer-
chandise at less than cost to the wholesaler as defined in this chapter, shall
be guilty of a misdemeanor.

§ 59.1-16. Injunctive relief.—In addition to the penalties provided
in this chapter, the courts of record of this State are hereby invested with
jurisdiction to prevent and restrain violations or threatened violations of
this chapter. Any person shall be entitled to sue for and have injunctive
relief in any court of competent jurisdiction against any threatened loss or
injury by reason of a violation of this chapter without being compelled to
allege or prove that an adequate remedy at law does not exist. If in such
action a violation or threatened violation of this chapter shall be established,
the court shall enjoin and restrain, or otherwise prohibit, such violation or
threatened violation, and, in addition thereto, the court shall assess in
favor of the plaintiff and against the defendant the costs of such proceeding.

In such action it shall not be necessary that actual damages to the
plaintiff be alleged or proved, but where alleged and proved, the plaintiff
in such action, in addition to such injunctive relief and costs of such suit
shal! be entitled to recover from the defendant the actual damages sustained

y him.

§ 59.1-17. Attorney General may investigate complaint of vio-
lation.—Upon complaint of any violation of this chapter made to the
Attorney General by any individual wholesaler or retailer or by any
association of wholesalers or retailers, incorporated under the laws of the
State and recognized by him as fairly representative of the wholesale and
retail merchants of the State interested in such complaint, he may investi-
gate such complaint or cause such complaint to be investigated, provided
the expense and cost of such investigation are borne by the complainant.

§ 59.1-18. Report of investigation to Commonwealth’s attorney; pro-
ceedings against violator.—If it appears from such investigation that any
provision of this chapter has been violated, the Attorney General may
report the result of the investigation to the attorney for the Commonwealth
of the proper county or corporation, who may institute and conduct in the
appropriate court such proceedings against the violator as such attorney
for the Commonwealth may deem proper. The Attorney General may
institute and conduct or cause to be instituted and conducted a suit in the
name of the Commonwealth to prevent and restrain violations of this
chapter, provided that all costs and expenses of any such proceedings, not
properly taxable against the violator, shall be borne by the complainant at
whose instance any such proceedings may be instituted.
§ 59.1-19. Publication and circulation of provisions of chapter.—The
Attorney General in his discretion may also, at the instance of any such
association of wholesalers or retailers, and with the view to avoid or reduce
violations of this chapter and these sections, cause to be published and
circulated in such manner and to such extent as he may deem proper, the
provisions of this chapter and his interpretation and construction thereof,
provided the cost thereof is paid by the association requesting such publi-
cation and circulation.

§ 59.1-20. Exemptions from chapter.—The provisions of this chap-
ter shall not apply to sales at retail or sales at wholesale:

(1) Where merchandise is sold at bona fide clearance sales, if
advertised, marked and sold as such;

(2) Where the merchandise is fresh fruits or fresh vegetables or
farm products when the sales are made by the producers thereof, or where
perishable merchandise must be sold promptly in order to prevent loss;

Where merchandise is imperfect or damaged, or is being dis-
continued and is advertised, marked and sold as such; oo

(4) Where merchandise is sold upon the final liquidation of any
business;

(5) Where merchandise is sold for charitable purposes or to relief
agencies;

(6) Where merchandise is sold on contract to departments of gov-
ernments or governmental institutions ;

(7) Where the price of merchandise is made in good faith to meet
lawful competition;

Where sales are made by one wholesaler to another wholesaler
or by one retailer to another retailer for the purposes of accommodation;

(9) Where merchandise is sold by any officer acting under the order
or direction of any court or by any fiduciary, or by any trustee in a deed of
trust or deed of assignment for the benefit of creditors.

Nothing in this chapter shall be construed to apply to fertilizer com-
panies or their agents or persons or companies buying goods from fertilizer
companies for the purpose of selling at retail.

§ 59.1-21. Revocation or suspension of licenses or permits for vio-
lations in sale of cigarettes or groceries.—The State Tax Commissioner
may, upon notice and after hearing, suspend or revoke the licenses of any
wholesaler of tobacco or groceries or peddler of tobacco, or suspend any
permit issued under § 58-757.10 during the time of violation, for any
violation of this chapter in respect to the sale of cigarettes or groceries.

Any person aggrieved by such decision, order or finding of the State
Tax Commissioner may appeal therefrom to the circuit or corporation
court of the county or city in which he resides or has his principal place of
business or to the Circuit Court of the city of Richmond, if such person is a
nonresident or does not have a principal place of business in this State.

CHAPTER 3.
TRUSTS, COMBINATIONS AND MONOPOLIES.

§ 59.1-22. Definitions.—The word “person” or “persons”, as used in
this chapter, includes corporations, partnerships and associations existing
under or authorized by any state or territory of the United States or a
foreign country.

A “trust” or “monopoly” is a combination of capital, skill or acts by
two or more persons, firms, partnerships, corporations or associations of
persons, for any or all of the following purposes:

(1) Tocreate or carry out restrictions in trade or business;

(2) To limit, restrict or reduce the production of any natural
resource, merchandise or commodities;
(3) To prevent competition in manufacturing, making, transporta-
tion, sale or purchase of merchandise, produce or commodities;

(4) To fix at a standard or figure, whereby its price to the public or
consumer is in any manner controlled or established, any article, thing or
commodity of merchandise, produce, business or commerce intended for
sale, barter, use, enjoyment or consumption in this State; —

(5) To make, enter into, execute or carry out contracts, obligations
or agreements of any kind or description by which they: (a) bind or have
bound themselves not to sell, dispose of or transport any article or com-
modity, or an article of trade, use, merchandise, commerce or consumption
below a common standard figure or fixed value; (b) agree in any manner to
keep the price of such article, commodity or transportation at a fixed or
graduated figure; (c) in any manner establish or settle the price of an
article, commodity or transportation between them or themselves and
others, so as directly or indirectly to preclude a free and unrestricted com-
petition among themselves, purchasers or consumers in the sale or trans-
portation of such article or commodity; or (d) agree to pool, combine or
directly or indirectly unite any interests which they have connected with
the sale or transportation of such article or commodity that its price
might in any manner be affected. Nothing herein contained shall be held
or construed to abridge the right to strike.

§ 59.1-23. Trusts and monopolies unlawful.—Any trust or monopoly.
as defined in the preceding section, is unlawful, against public policy and
void; but, for the purposes of this chapter, no “trust” or “monopoly” shall
be deemed to exist solely by virtue of those acts, or any of them, author-
ized by Chapter 1 of this Title.

§ 59.1-24. Issue of trust certificates; combination to limit or fix
prices or lessen production or sale-—No person, partnership, association or
corporation, or any agent, shall issue or own trust certificates, and no such
person, partnership, association or corporation, or any agent, officer or
employee thereof, or any director or stockholder of a corporation, shall
enter into a combination, contract or agreement with any person or cor-
poration, or a stockholder or director thereof, the purpose and effect of
which is to place the management or control of such combination or com-
binations or the manufactured product thereof, in the hands of a trustee or
trustees, with the intent to limit or fix the price or lessen the production
and sale of an article of commerce, use, enjoyment or consumption, or to
prevent, restrict or diminish the manufacture or output of such article.
A contract or agreement in violation of any provision of this chapter is
void and not enforceable either at law or in equity.

§ 59.1-25. Foreign corporation violating chapter.—A foreign cor-
poration or foreign association exercising any of the powers, franchises or
functions of a corporation in this State violating any provision of this
chapter shall not have the right of, and shall be prohibited from, doing any
business in this State.

§ 59.1-26. Agreements in leases or sales which may substantially
lessen competition unlawful.—No person engaged in business within this
State, in the course of such business, shall lease or make sale, or contract
for sale, of goods, wares, merchandise, machinery, supplies or other com-
modities for use, consumption or resale within this State, or fix the price
therefor, or discount from or rebate upon such prices on the agreement or
understanding that the lessee or purchaser thereof shall not use or deal in
the goods, wares, merchandise, machinery, supplies or other commodities of
a competitor or competitors of the lessor or seller, when the effect of such
lease, sale or contract for sale of such goods, wares, merchandise, machin-
sry, Supplies or other commodities may be to substantially lessen competi-
Lion or to create a monopoly in any line of business.
§ 59.1-27. Discrimination permitted—Nothing contained m vile

chapter shall apply to discrimination in prices:

"(1) Between purchasers of commodities, (a) on account of differ-
ences in grade, quality or quantity of the commodity sold, provided in the
cases of differences on account of quantity such differences shall be reason-
able, or (b) only to make allowance for differences in the cost of trans-
portation, or . ; .

(2) In the sale of different commodities made in good faith to meet
competition.

Nor shall anything in this chapter prevent persons selling goods as
merchandise from selecting their own customers in bona fide transactions
and not in restraint of trade. . oo,

§ 59.1-28. Damages recoverable by person injured ; limitation upon
compensation of counsel.—Any person who shall be injured in his business
or property by reason of anything forbidden in this chapter may sue there-
for and recover three-fold the damages by him sustained, and the costs of
suit, including a reasonable fee to plaintiff’s counsel. Such counsel shall in
no case receive any other, further or additional compensation except that
allowed by the court and any contract to the contrary shall be null and
void. .

§ 59.1-29. Judgment or decree against defendant in prosecution, etc.,
evidence in suit by injured party.—A final judgment or decree rendered in
any criminal prosecution or proceeding in equity brought in behalf of the
Commonwealth under this chapter to the effect that the defendant has
violated the provisions of this chapter shall be prima facie evidence against
such defendant in any suit or proceeding brought by any other party against
such defendant under this chapter, as to the matters respecting which
such judgment or decree would be an estoppel as between the parties thereto.

This section shall not apply to judgments or decrees entered before
any testimony has been taken or to judgments or decrees rendered by con-
sent in criminal proceedings.

§ 59.1-30. Suspension of running of statute of limitations.—When-
ever any suit or proceeding in equity or criminal prosecution is instituted by
the Commonwealth to prevent, restrain or punish any of the violations
of this chapter, the running of the statute of limitations in respect of any
suit or action arising under this chapter and based in whole or in part on
any matter complained of in such suit or proceeding shall be suspended
during the pendency thereof.

§ 59.1-31. Penalties for violation of chapter.—Any person or firm,
or any officer or director of any corporation, violating or conspiring to
violate any of the provisions of this chapter shall be fined not exceeding
one thousand dollars, or confined in jail not exceeding twelve months, or
both. On the second or subsequent conviction the offense may, in the
discretion of the jury, be punished by a fine of not less than one thousand
nor more than five thousand dollars and by confinement in jail not less than
six months and not exceeding twelve months, or by confinement in the
penitentiary not less than one nor more than ten years.

§ 59.1-32. Duty of attorney for Commonwealth.—Whenever the
attorney for the Commonwealth of any city or county in this State shall
have reason to believe that the provisions of this chapter have been or are
being violated, he shall cause a warrant or warrants to be issued by a
justice of the peace or the clerk of the county or municipal court, returnable
to the circuit court of his county or corporation court of his city, after
which the offender shall be proceeded against by indictment or in lieu
thereof, indictments may be preferred against such offender in the first
instance, with the usual right to bail.

§ 59.1-33. Suit by citizens to restrain violations.—Whenever ten or
more citizens of any county or city shall file a bill in chancery in the circuit
court of any county or the corporation court of any city against any person,
firm or corporation, alleging violations of the provisions of this chapter and
praying that such party defendant may be restrained and enjoined from
continuing the acts complained of, such court shall have jurisdiction to hear
and determine the issues involved, to issue injunctions pendente lite and
permanent injunctions and to decree damages and costs of suit, including
reasonable counsel fees to complainants’ or defendants’ counsel.

§ 59.1-34. When Attorney General required to file bill for injunc-

tion.—Whenever affidavits of fifty or more citizens of the Commonwealth
shall be submitted to the Attorney General alleging a violation or violations
of the provisions of this chapter upon the part of citizens of two or more
counties, or of a city and one or more counties, or whenever the Governor
shall request such action, it shall be the duty of the Attorney General to file
a bill for an injunction against the alleged violators thereof in the circuit
court of the city of Richmond, which shall have jurisdiction to summon the
defendants and try the issues involved as though such defendants were
citizens of the city of Richmond, and may issue injunctions pendente lite or
permanent injunctions for the purpose of enforcing the provisions of this
chapter.
§ 59.1-35. Jurisdiction of grand juries; courts in which trials held;
mode of trial.—The grand juries of the several cities and counties shall
have jurisdiction to indict violators of the provisions of this chapter, who
shall be tried in the circuit courts of the counties and the corporation
courts of the cities as in the case of appeals from courts not of record and
in the case of second or subsequent offenses the cases shall be tried as
other felonies are tried in such courts.

§ 59.1-36. Sufficiency of indictment, information or complaint.—In
any indictment, information or complaint for any offense named in this
chapter, it shall be sufficient to state the purpose or effect of the trust,
combination or monopoly and that the accused is a member of, acted with
or in pursuance of it, or aided or assisted in carrying out its purposes, with-
out giving its name or description, or how, when and where it was created.

§ 59.1-37. Sufficiency of proof; admissibility of evidence of general
reputation as to existence of trust.—In prosecutions under this chapter, it
shall be sufficient to prove that a trust, combination or monopoly, as defined
herein, exists, and that the defendant belonged to it, and acted for or in con-
nection with it, without proving that all the members belonged to it or with-
out proving or producing any article of agreement, or any written instru-
ment on which it may have been based, or that it was evidenced by any
written instrument at all. Evidence of the general reputation of the exist-
ence and character of the trust or combination alleged shall be admissible.

§ 59.1-38. Witness not excused on ground testimony may incriminate
him.—-No person so ordered shall be excused from attending, testifying or
producing books, papers, schedules, contracts, agreements or any other
document in obedience to the subpoena, or under the order, of any court of
record or, in vacation, of any judge of such court, in which is pending any
civil, criminal or other action or proceeding for the violation of any of the
provisions of this chapter, or under the order of any commissioner or referee
appointed by such court to take testimony, or of any notary public or other
person or officer authorized by the laws of this State to take depositions
when the order made by such court or judge thereof includes a witness
whose deposition is being taken before such notary public or other officer,
on the ground or for the reason that the testimony or evidence required of
him may tend to incriminate him or subject him to any penalty. But no
individual shall be prosecuted or be subjected to any penalty for or on
account of any transaction, matter or thing concerning which he may so
testify or produce evidence, documentary or otherwise, before any such
court, person or officer. No person shall be excused from testifying for the
Commonwealth or the plaintiff or complainant in any proceeding under this
chapter as to any offense committed by another hereunder by reason of his
testimony tending to incriminate himself, but the testimony given by such
person, on motion of either the Commonwealth, the plaintiff or complainant,
shall in no criminal case be used against him, nor shall he be in anywise
prosecuted criminally for any offense as to which he has so testified.

§ 59.1-39. Bond conditioned upon abstention from violations; pro-
ceedings in case of forfeiture or of disobedience of injunction.—In any
proceeding under this chapter before any court of competent Jjuris-
diction, if it appears from competent evidence that violations of the pro-
visions of this chapter were contemplated, but not actually committed,
the court in which such proceeding is pending may require a bond of the
defendant in the penalty of not more than one hundred thousand dollars,
conditioned upon the abstention from all violations of the provisions of this
chapter for the period of one year. In case of forfeiture of the penalty of
such bond, like proceedings shall be had thereon as in the case of the for-
feiture of a recognizance. In the case of the disobedience to any injunction
or decree, like proceedings shall be had as in the case of other contempts
of court.

§ 59.1-40. Construction of chapter.—The provisions of this chapter
shall be liberally construed in order effectually to secure the enforcement
of a provisions hereof for the protection of the people of the Commopn-
wealth.

§ 59.1-41. To what trusts, combinations and monopolies chapter
applicable.—This chapter shall apply only to those trusts, combinations
and monopolies which are unreasonable or inimical to the public welfare,
as hereinbefore defined.

CHAPTER 4.

MISREPRESENTATIONS AND OTHER OFFENSES CONNECTED
WITH SALES

§ 59.1-42. Changing or removing, etc., trademarks, identification
marks, etc.—Any person, firm, association or corporation who or which
intentionally removes, defaces, alters, changes, destroys or obliterates
in any manner or way or who causes to be removed, defaced, altered,
changed, destroyed or obliterated in any manner or way any trademark,
distinguishment or identification number, serial number or mark on or
from any article or device, in order to secrete its identification with intent
to defraud, shall be guilty of a misdemeanor.

§ 59.1-43. Removal or alteration of identification numbers on house-
hold electrical appliances; possession of such appliances for purposes of
resale-—No person, firm, association or corporation, either individually
or in association with one or more other persons, firms, associations or
corporations shall remove, change or alter the serial number or other
identification number stamped upon, cut into or attached as a permanent
part of any household or electrical or electronic appliance where such
number was stamped upon, cut into or attached to such appliance by the
manufacturer thereof.

No person, firm, association or corporation shall knowingly have in
his or its possession for purposes of resale a household or electrical or
electronic appliance, the serial number or other identification number of
which has been removed, changed or altered.

Any person, firm, association or corporation violating the provisions
of this section shall be guilty of a misdemeanor.

§ 59.1-44. Untrue, deceptive or misleading advertising.—Any person,
firm, corporation or association who, with. intent to sell or in anywise
dispose of merchandise, securities, service or anything offered by such
person, firm, corporation or association, directly or indirectly, to the public
for sale or distribution or with intent to increase the consumption thereof,
or to induce the public in any manner to enter into any obligation relating
thereto, or to acquire title thereto, or any interest therein, makes, publishes,
disseminates, circulates or places before the public, or causes, directly or
indirectly to be made, published, disseminated, circulated or placed before
the public in this State, in a newspaper or other publications, or in the form
of a book, notice, handbill, poster, blueprint, map, bill, tag, label, circular,
pamphlet or letter or in any other way, an advertisement of any sort
regarding merchandise, securities, service, land, lot or anything so offered
to the public, which advertisement contains any promise, assertion repre-
sentation or statement of fact which is untrue, deceptive or misleading,
shall be guilty of a misdemeanor. The words “untrue, deceptive and mis-
leading,”’ as used in this section, shall be construed as including the
advertising in any manner by any person of any goods, wares or mer-
chandise as a bankrupt stock, receiver’s stock or trustee’s stock, if such
stock contains any goods, wares or merchandise put therein subsequent to
the date of the purchase by such advertiser of such stock, and if such adver-
tisement of any such stock fail to set forth the fact that such stock contains
other goods, wares or merchandise put therein, subsequent to the date of
the purchase by such advertiser of such stock in type as large as the type
used in any other part of such advertisement, including the caption ot the
same, it shall be a violation of this section.

§ 59.1-45. Same; advertising merchandise, etc., for sale with intent
not to sell at price or terms advertised; prima facie evidence of violation.—
(a) Any person, firm, corporation or association who in any manner
advertises or offers for sale to the public any merchandise, goods, com-
modity, service or thing with intent not to sell, or with intent not to sell
at the price or upon the terms advertised or offered, shall be guilty of a
misdemeanor.

(b) In any prosecution or civil action under this section, the refusal
by any person, firm, corporation or association or any employee, agent or
servant thereof to sell, or the refusal to sell at the price or upon the terms
advertised or offered, any merchandise, goods, commodity, service or thing
advertised or offered for sale to the public, shall be prima facie evidence
of a violation of this section; advertisement or offer by which such mer-
chandise, goods, commodity, service or thing is advertised or offered for
sale to the public, that the advertiser or offeror has a limited quantity or
amount of such merchandise, goods, commodity, service or thing for sale,
and the advertiser or offeror at the time of such advertisement or offer did
in fact have at least such quantity or amount for sale.

§ 59.1-46. Same; failure to indicate goods, etc., are “seconds,” irreg-
ulars,” secondhand, etc.—Any person, firm. corporation or association who
in any manner knowingly advertises or offers for sale to the public any
merchandise, goods, commodity or thing which is defective, blemished,
secondhand or used, or which has been designated by the manufacturer
thereof as “seconds,” “‘irregulars,” “imperfects,” ‘‘not first class,” or words
of similar import without clearly and unequivocally indicating in the
advertisement or offer of the merchandise, goods, commodity or thing
or the articles, units or parts, thereof so advertised or offered for sale
to the public is defective, blemished, secondhand or used or consists of
“seconds,” “irregulars,” “imperfects” or “not first class,” shall be guilty
of a misdemeanor.

§ 59.1-47. Same; advertising former or comparative price of mer-
chandise, etc.—Any person, firm, corporation or association who in any
manner knowingly advertises as a former or comparative price of the
merchandise, goods, commodity, service or thing advertised a price which
was not either the prevailing price in the trade area or the advertiser's
or offeror’s own prevailing price for not less than thirty consecutive days
within the four months next immediately preceding the date of the adver-
tisement, shall be guilty of a misdemeanor, unless the date when the alleged
former or comparative price did prevail is clearly and conspicuously stated
in the advertisement.

§ 59.1-48. Same; use of word “wholesale” or ‘“wholesaler.”—Any
person, firm, corporation or association who in any manner in any adver-
tisement or offer for sale to the public of any merchandise, goods, com-
modity or thing uses the words ‘wholesale’ or “wholesaler” to represent
or describe the nature of its business shall be guilty of a misdemeanor,
unless such person, firm, corporation or association is actually engaged in
selling at wholesale the merchandise, goods, commodity or thing advertised
or offered for sale.

§ 59.1-49. Same; advertising new or used automobiles or trucks.—
Any person, firm, corporation or association engaged in selling new or
used automobiles or trucks to the public shall be guilty of a misdemeanor
if he or it in any manner advertises or offers for sale to the public any
such automobile or truck (a) without stating in such advertisement or
offer the make, year model, body style, manufacturer’s series and number
of cylinders of such automobile or truck; (b) if reference is made to
equipment, without itemizing in such advertisment or offer the optional
equipment physically attached to the automobile or truck and stating
whether each item is included in the price; (c) if the manufacturer’s sug-
gested retail price is stated, without stating in such advertisement or offer
whether such price is an F. O. B. factory or delivered price; and (d) if a
price other than the manufacturer’s price is stated, without stating in
such advertisement or offer whether it is the cash, delivered price.

§ 59.1-50. Same; enjoining violation of §§ 59.1-44 to 59.1-49.—(a)
Any person, firm, corporation or association who violates any one or more
of the preceding sections (§§ 59.1-44 through 59.1-49) may be enjoined
by any court of competent jurisdiction notwithstanding the existence of
an adequate remedy at law. In any action under this section, it shall
not be necessary that damages be alleged or proved.

(b) Actions for injunctive relief under this section may be brought
by the Commonwealth’s attorneys of this State in the name of the Com-
monwealth of Virginia upon their own complaint or upon the complaint
of any person, firm, corporation or association. The bringing of an action
under this section shall not prevent the institution or continuation of
criminal proceedings against the same defendant or defendants.

§ 59.1-51. Same; when issuer or distributor of advertisements not
cuilty of violation; inadvertent error.—A person, firm, corporation or
association who or which, for compensation, issues or distributes any adver-
tisement or offer, written, printed, oral or otherwise, in reliance upon the
copy or information supplied him by the advertiser or offeror, shall not be
deemed to have violated §§ 59.1-44 through 59.1-49 nor shall an inadvertent
error on the part of any such person, firm, corporation or association be
deemed a violation of such sections.

§ 59.1-52. Same; right to select clientele or customers not affected.—
Nothing in §§ 59.1-45 through 59.1-51 shall be deemed to impair the right
of any person, firm, corporation or association to select its clientele or
customers.

§ 59.1-53. Use of names “Army,” “Government,” etc., prohibited;
misrepresentation as to source of merchandise.—It shall be unlawful for
any person, firm, corporation or association, not an agency or instrumental-
ity of the United States Government, selling or offering for sale goods,
wares or merchandise, to use or cause or permit to be used in the corporate
or trade name, or description of the seller or the place where the goods,
wares or merchandise are offered for sale, any of the following words or
expressions, viz., “Army,” “Navy,” “Marine Corps,” ‘Marines,” ‘Coast
Guard,” “Government,” “Post Exchange,” “P-X,” or “G.I.”

No person, firm, corporation or association selling or offering for sale
any article or merchandise, shall in any manner represent, contrary to
fact, that the article was made for, or acquired directly or indirectly from,
the United States Government or its military or naval forces or any agency
of the United States Government, or that it has been disposed of by the
United States Government.

Any person, firm, corporation or association violating any provision
of this section shall be guilty of a misdemeanor.

§ 59.1-54. Misrepresentations as to agricultural products.—Misrep-
resentation by advertising in the press or by radio or by television, or mis-
representation by letter, statement, mark representing grade, quality or
condition, label or otherwise in handling, selling, offering or exposing for
sale any agricultural commodities is hereby prohibited.

Any person, firm, association or corporation who shall violate any of
the provisions of this section shall be punished by a fine of not less than
five dollars nor more than five hundred dollars for each offense.

The Director of the Division of Markets, with the approval of the
Commissioner of Agriculture and Commerce, may, in his discretion,
cause prosecutions for violations of this section to be instituted through
the attorneys of the Commonwealth of this State, or otherwise, in counties
or cities of the State where in his opinion violations of this section are

ound.

§ 59.1-55. Fraud and misrepresentation in sale of liquid fuels, lubri-
cating oils and similar products.—It shall be unlawful for any person, firm,
association or corporation, to store, sell, expose for sale or offer for sale
any liquid fuels, lubricating oils or other similar products, in any manner
whatsoever, so as to deceive or tend to deceive the purchaser as to the
nature, quality and identity of the product so sold or offered for sale.

§ 59.1-56. Same; sale from pump indicating other brand.—It shall
be unlawful for any person, firm, association or corporation to store, keep,
expose for sale, offer for sale or sell, from any tank or container, or from
any pump or other distributing device or equipment, any other liquid fuels,
lubricating oils or other similar products than those indicated by the
name, trade name, symbol. sign or other distinguishing mark or device of
the manufacturer or distributor, appearing upon the tank, container, pump
or other distributing equipment from which the same are sold, offered
for sale or distributed.

§ 59.1-57. Same; imitating indicia of other brands.—lIt shall be
unlawful, for any person, firm, association or corporation to disguise or
camouflage his or their own equipment by imitating the design, symbol or
trade name of the equipment under which recognized brands of liquid
fuels. lubricating oils and similar products are generally marketed.

§ 59.1-58. Same; false trade name or mixing brands.—It shall be
unlawful for any person, firm, association or corporation to expose for
sale, offer for sale or sell, under any trade-mark or trade name in general
use, any liquid fuels, lubricating oils or other like products, except those
manufactured or distributed by the manufacturer or distributor marketing
liquid fuels, lubricating oils or other like products under such trade-mark
or trade name, or to substitute, mix or adulterate the liquid fuels, lubri-
cating oils or other similar products sold, offered for sale or distributed
under such trade-mark or trade name.

59.1-59. Same; assisting in violation of §§ 59.1-55 to 59.1-58.—It
shall be unlawful for any person, firm, association or corporation to aid or
assist any other person, firm, association or corporation in the violation
of the provisions of §§ 59. 1-55 to 59.1-58 by depositing or delivering into
any tank, receptacle or other container any other liquid fuels, lubricating
oils or like products than those intended to be stored therein ‘and distrib-
uted therefrom, as indicated by the name of the manufacturer or distrib-
utor or the trade-mark or trade name of the product displayed on the
container itself, or on the pump or other distributing device used in
connection therewith.

§ 59.1-60. Same; label required.—There shall be firmly attached to
or painted at or near the point of outlet from which lubricating oil is drawn
or poured out for sale or delivery a sign or label consisting of the word or
words in letters not less than one inch in height comprising the brand or
trade name of such lubricating oil. But if any lubricating oil shall have
no brand or trade name, the above sign or label consist of the words
“lubricating oil, no brand.”

§ 59.1-61. Same; punishment for violation of §§ 59.1-55 to 59.1-60.—
Any person, firm, association or corporation or any officer, agent or employee
thereof who shall violate any provision of §§ 59.1-55 to 59.1-60, inclusive,
upon conviction shall be punished by a fine for the first offense of not less
than twenty-five dollars nor more than two hundred dollars, and for a
second or any subsequent offense by a fine of not less than fifty dollars
nor more than five hundred dollars, or by confinement in jail of not more
than one year, or both.

§ 59.1-62. Sale of goods marked “sterling” and “sterling silver.”—
A person who makes or sells or offers to sell or dispose of or has in his
possession with intent to sell or dispose of any article of merchandise
marked, stamped or branded with the words “sterling” or “sterling silver,”
or encased or enclosed in any box, package, cover or wrapper, or other
thing in or by which such article is packed, enclosed or otherwise prepared
for sale or disposition, having thereon any engraving or printed label,
stamp, imprint, mark or trade-mark indicating or denoting by such mark-
ing, stamping, branding, engraving or printing that such article is silver,
sterling silver or solid silver, unless nine hundred and twenty-five one
thousandths part of the component parts of the metal of which such article
is manufactured is pure silver, shall be guilty of a misdemeanor and on
conviction thereof shall be fined not less than twenty-five dollars nor more
than one hundred and fifty dollars or be confined in jail not less than ten
days nor more than sixty days, or both.

§ 59.1-63. Sale of goods marked “coin” and “coin silver.”—-A person
who makes or sells or offers to sell or dispose of, or has in his possession
with intent to sell or dispose of, any article of merchandise marked,
stamped or branded with words “eoin” or “coin silver,’”’ or encased or
enclosed in any box, package, cover, wrapper or other thing in or by which
such article is packed, enclosed, or otherwise prepared for sale or disposi-
tion, having thereon any engraving or printed label, stamp, imprint, mark
or trade-mark indicating or denoting by such marking, stamping, branding,
engraving or printing that such article is coin or coin silver, unless nine
hundred one-thousandths part of the component parts of the metal of
which such article is manufactured is pure silver, shall be guilty of a mis-
demeanor and on conviction thereof shall be fined not less than twenty-five
dollars nor more than one hundred and fifty dollars or be confined in jail
not less than ten nor more than sixty days, or both.

§ 59.1-64. Regulating sale of merchandise made of gold.—Any
person who marks or sells or offers to sell or dispose of or has in his
possession with intent to sell or dispose of any article of merchandise made
of gold of a less carat of fineness than is stamped or marked on it or
of a less carat of fineness than is engraved, stamped or imprinted
on the tag, card, box, label, package, wrapper, cover or other thing in or
by which such article is packed, enclosed or otherwise prepared for sale
or disposition shall be guilty of a misdemeanor and on conviction thereof
shall be fined not less than twenty-five dollars nor more than one hundred
and fifty dollars for such offense or be confined in jail not less than ten days
nor more than sixty days, or both.

§ 59.1-65. Regulating sale of kosher meat and meat preparations.—
Any person, who, with intent to defraud, sells or exposes for sale any meat
or meat preparation, and falsely represents the same: (1) to be kosher,
whether such meat or meat preparation be raw or prepared for human
consumption, or (2) as having been prepared under, and of a product or
products sanctioned by, the orthodox Hebrew religious requirements; or
who, with like intent, falsely represents any food product or the contents
of any package or container to be so constituted and prepared, by having
or permitting to be inscribed thereon the word “kosher” in any language,
shall be guilty of a misdemeanor.

§ 59.1-66. Buying, etc., certain secondhand materials; intent; pos-
session.—If any person buy or receive secondhand grate baskets, keys,
bells and bell fixtures, gas fixtures, water fixtures, water pipes, gas pipes,
or any part of such fixtures or pipes with intent to defraud, he shall be
confined in jail not less than one month nor more than six months. Posses-
sion of any such secondhand baskets, keys, bells and bell fixtures, water
fixtures, gas fixtures, water pipes, gas pipes, or any part of such fixtures
or pipes if bought or received from any other person than the manufacturer
thereof or his authorized agent or the owner thereof shall be prima facie
evidence of such intent.

59.1-67. Buying, etc., pig iron, etc., with intent to defraud; posses-
sion evidence of intent.—If any person buy or receive pig iron or railroad,
telephone, telegraph, coal mining, industrial, manufacturing or public
utility iron, brass, copper, metal or any composition thereof with intent to
defraud, he shall be confined in the penitentiary not less than one year nor
more than two years or in the discretion of the jury or the court trying
the case without a jury, not more than twelve months in jail. Possession of
any pig iron or railroad, telephone, telegraph, coal mining, industrial,
manufacturing or public utility iron, brass, copper, metal or any composi-
tion thereof, if bought or received from any other person than the manufac-
turer thereof or his authorized agent or of a regularly licensed dealer
therein, shall be prima facie evidence of such intent.

§ 59.1-68. Acceptance of promissory notes in payment for food sold
at retail.—As used in this section, “food” includes food, groceries and
beverages, for human consumption. “Retailer” means a person who sells
food for consumption and not for resale.

It shall be unlawful for any retailer to accept, in payment for any food
sold by him to a customer, a promissory note or notes for an amount in
excess of twice the sales price of food delivered by him to the customer. As
used in this section the word “delivered” means that actual physical de-
livery into the exclusive custody and control of the customer is made within
seven days of the receipt of the note by the seller.

Any person who violates the provisions of this section shall be guilty
of a misdemeanor and punished accordingly.

§ 59.1-68.1. Penalty for violations.—Unless otherwise provided by
law, any person violating any provision of this chapter shall be guilty of a
misdemeanor and shall be punished as provided in § 18.1-9.

CHAPTER 5.
TRANSACTING BUSINESS UNDER ASSUMED NAME.
§ 59.1-69.—Certificate required of person or corporation transact-
ing business under assumed name.—No person or corporation shall con-
duct or transact business in this State under any assumed or fictitious
name unless such person or corporation shall sign and acknowledge a
certificate setting forth the name under which such business is to be
conducted or transacted, and the names of each and every person or
corporation owning the same, with their respective post office and resi-
dence addresses (and, when the corporation is a foreign corporation, the
date of the certificate of authority to do business in this State issued
to it by the State Corporation Commission), and file the same in the
office of the clerk of the court in which deeds are recorded in the county or
corporation wherein the business is to be conducted.

§ 59.1-70. Corporation to file copy of certificate with State Cor-
poration Commission.—When business is conducted in this State under
an assumed or fictitious name by a corporation, such corporation shall
file in the office of the clerk of the State Corporation Commission a copy
of such certificate, duly attested by the clerk of the court in which the
original is on file.

§ 59.1-71. Filing power of attorney for service of process.—Such
person or persons owning and transacting business as above set out who
do not reside in the county or city in which a place of business is
operated, shall, before commencing to do business in such city or county,
by written power of attorney, appoint some practicing attorney at law
residing in the county or city wherein the place of business is located,
its attorney or agent, upon whom all legal processes against the owner
may be served, and who shall be authorized to enter an appearance in
its own behalf. Such power of attorney shall be recorded in the clerk’s
office in which deeds are recorded, of the county or city wherein the
place of business is located. Such power of attorney shall remain effective
until lawfully revoked, and when lawfully revoked, a new power of at-
torney to the same or some other attorney shall be immediately executed
and recorded. Written notice of the resignation of the attorney, or of the
voluntary revocation of such power of attorney by the owner, shall be
forthwith filed in the clerk’s office where it is recorded. And the clerk
shall note such resignation or revocation on the margin of the page of the
book wherein the power of attorney is recorded, and be entitled to a fee
of twenty-five cents therefor; and until this is done, such revocation shall
be ineffective and the original power of attorney shall remain effective.

§ 59.1-72. Service of process upon clerk of court.—If there be no
such attorney in fact residing in such county or city, or if for any reason
such attorney in fact be not subject to personal service, then all legal
processes against such owner may be served upon the clerk of the court
of such county or city wherein such place of business is located having
jurisdiction of the suit, action or proceeding. When process or notice is
so served under the provisions of this chapter, upon the clerk of the
court of the county or city wherein is located the place of business,
such clerk upon whom such process or notice is served shall forthwith
mail a copy of such process or notice to the defendant or defendants
therein named at such address, if any, as may have been filed, of the
owner, with such clerk. And such clerk shall certify in such papers
in the cause the fact of mailing such process or notice, and the address
to which it was mailed, or that no such address is on file.

Such process or notice when so served and certified to have been so
mailed, or if no such address has been filed, the services as herein provided
alone shall constitute personal service, and authorize a judgment or decree
in personam against such owner.

§ 59.1-73. Fee of clerk.—For mailing the process or notice and
the making of certificate of such mailing, or the inability to secure the
proper address for mailing, the clerk of any court subject to the pro-
visions of this chapter shall be entitled to a fee of one dollar to be ad-
vanced by the plaintiff and to be taxed as a part of the costs in the
proceeding.

§ 59.1-74. Recordation of certificate and registration of names.—
The clerk with whom the certificate provided for in § 59.1-69 is filed
shall keep a book in which all such certificates shall be recorded, with
their date of record, and shall keep a register in which shall be entered
in alphabetical order the name under which every such business 1s
conducted, the name of the statutory agent, and the names of every person
owning the same. The clerk shall be entitled to a fee of fifty cents for
filing and recording such certificate and entering such names. No license
shall be issued by the commissioner of the revenue until the certificate
has been made and filed in the clerk’s office and evidence of same pro-
duced before him.

§ 59.1-75. Penalty for violation—Any person violating any of the
provisions of this chapter shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished by a fine not exceeding one thou-
sand dollars, or by imprisonment for not more than one year, or both.

§ 59.1-76. Effect on right of action of failure to file certificate.—
The failure of any person or corporation to comply with the provisions
of this chapter shall not prevent a recovery by or against such person
or corporation, in any of the courts in this State on any cause of action
heretofore or hereafter arising, but no action shall be maintained in any
of the courts in this State by any such person, corporation or his or its
assignee or successor in title unless and until the certificate required by
this chapter has been filed.

CHAPTER 6.

REGISTRATION AND PROTECTION OF TRADE-MARKS
AND SERVICE MARKS.

§ 59.1-77. Short title—This chapter shall be known as the “Vir-
ginia Trade-Mark and Service Mark Act.”

§ 59.1-78. Definitions.—When used in this chapter, unless a dif-
ferent meaning clearly appears from the context:

(1) “Trade-mark” means any word, name, symbol, or device or any
combination thereof adopted and used by a person to identify goods made
or sold by him and to distinguish them from goods made or sold by others.

“Service mark” means a mark used in the sale or advertising
of services to identify the services of one person and distinguish them
from the services of others, and includes, without being limited to,
marks, names, symbols, titles, designations, slogans, character names, and
distinctive features of radio or other advertising.

(3) “Person” means an individual, partnership, corporation, or
unincorporated association.

(4) “Applicant” means a person filing an application for registra-
tion of a trade-mark or service mark under this chapter, and includes his
legal representatives, successors and assigns.

(5) “Registrant” means a person to whom the registration of a
trade-mark or service mark under this chapter is issued, and includes his
legal representatives, successors and assigns.

( A trade-mark shall be deemed to be “used” in this State when
it is placed on goods or their containers or on tags or labels affixed
thereto and the goods are sold or otherwise distributed in this State.

(7) A service mark shall be deemed to be “used” in this State when
it identifies a service, whether or not the service rendered in connection
with the sale or distribution of goods of the owner of the mark, rendered
or received in this State.

(8) “Commission” means the State Corporation Commission.
§ 59.1-79. What shall not be registered as a trade-mark.—A trade-
mark by which the goods of an applicant may be distinguished from the
goods of others shall not be registered if it:

(a) Consists of or comprises immoral, deceptive or scandalous mat-
ter; or
(b) Consists of or comprises matter which may falsely suggest a
connection with persons, living or dead, institutions, beliefs, or national
symbols, or brings them into contempt, or disrepute; or

(c) Consists of or comprises the flag or coat of arms or other
insignia of the United States, or of any state or municipality, or of any
foreign nation, or any simulation thereof; or ;

(d) Consists of or comprises the name, signature or portrait of a
living individual, except with his written consent; or

(e) Consists of a mark which, (1) when applied to the goods of
the applicant, is merely descriptive or deceptively misdescriptive of them,
or (2) when applied to the goods of the applicant, is primarily geo-
graphically descriptive or deceptively misdescriptive of them, or (3) is
primarily merely a surname; provided, however, that nothing in this
section (e) shall prevent the registration of a mark by the applicant which
has become distinctive of the applicant’s goods used in this State. The
Commission may accept as evidence that the mark has become distinctive
of the applicant’s goods, proof of continuous use thereof as a mark by
the applicant in this State or elsewhere for the five years next preceding
the date of the filing of the application for registration ; or

(f) Consists of or comprises a trade-mark which so resembles a
trade-mark currently registered in this State, or a trade-mark or trade
name previously used in this State by another and not abandoned, as to
be likely, when applied to the goods of the applicant, to cause confusion
or mistake or to deceive.

§ 59.1-80. Application for registration of trade-mark; contents;
filing fee.—Subject to the limitations set forth in this chapter, any person
who owns and uses a trade-mark in this State may file in the office of the
Commission, on a form to be furnished by it, an application for registra-
tion of that trade-mark setting forth the following information:

(a) The name and business address of the applicant; and, if a
corporation, the state of incorporation.

(b) The goods in connection with which the mark is used, the man-
ner in which the mark is used in connection with the goods, and the class
in which the goods fall,

(c) The date when the trade-mark was first used anywhere and
the date when it was first used in this State by the applicant or his
predecessor in business, and

(d) <A statement that the applicant is the owner of the trade-mark
and that no other person has the right to use the trade-mark in this
State either in the identical form thereof or in such near resemblance
thereto as might be calculated to deceive or to be mistaken therefor.

The application shall be signed by the applicant and sworn to by
the individual who signed the name of the applicant.

The application shall be accompanied by a specimen or facsimile of
such trade-mark in triplicate.

The application for registration shall be accompanied by a filing fee
of ten dollars payable to the Commission, which shall not be returned if
the application is not granted.

§ 59.1-81. Registration of service marks.—Subject to the provi-
sions relating to the registration of trade-marks, so far as they are applic-
able, service marks used in this State shall be registrable, in the same
manner and with the same effect as trade-marks, and when registered
they shall be entitled to the protection provided herein in the case of
trade-marks. Applications and procedure under this section shall conform
as nearly as practicable to those prescribed for the registration and re-
newal of trade-marks.

§ 59.1-82. Certificate of registration; issuance; contents; admis-
sibility in evidence; fee.—Upon compliance by the applicant with the
requirements of this chapter, the Commission shall cause a certificate of
registration to be issued and delivered to the applicant. The certificate
of registration shall show the name and business address and, if a corpo-
ration, the state of incorporation, of the person claiming ownership of the
trade-mark or service mark, the date claimed for the first use of the
trade-mark or service mark anywhere, and the date claimed for the first
use of the trade-mark or service mark in this State, the class of goods
or services, and a description of the goods or services on which the trade-
mark or service mark is used, a reproduction of the trade-mark or service
mark, the registration date and the term of the registration.

Any certificate of registration issued by the Commission or a copy
thereof duly certified by the Commission shall be admissible in evidence
as competent and sufficient proof of the registration of such trade-mark
or service mark in any action or proceeding in any court.

The fee for each certificate of registration or certified copy thereof
Shall be five dollars.

§ 59.1-83. Duration and renewal of registration; renewal fee;
existing registrations.—Registration of a trade-mark or service mark
hereunder shall be effective for a term of ten years from the date of
registration and, upon application filed within six months prior to the
expiration of such term, on a form to be furnished by the Commission,
the registration may be renewed for a like term. A renewal fee of ten
dollars, payable to the Commission shall accompany the application for
renewal of the registration.

A trade-mark or service mark registration may be renewed for suc-
cessive periods of ten years in like manner.

Any registration in force on July 1, 1958, shall remain in force so
long as it would have remained in force if this chapter had not been
enacted ; and may be renewed as provided in this section.

§ 59.1-84. Assignment.—Any trade mark or service mark and its
registration hereunder shall be assignable with the good will of the busi-
ness in which the trade-mark or service mark is used, or with that
part of the good will of the business connected with the use of and
symbolized by the trade-mark or service mark.

Assignment shall be by instrument in writing duly executed and may
be filed with the Commission upon the payment of a fee of ten dollars
payable to the Commission which, upon filing the assignment, shall issue
in the name of the assignee a new certificate for the remainder of the term
of the registration or of the last renewal thereof. The assignment of a
registration under this chapter shall be void as against any subsequent
purchaser for value without notice, unless it is filed with the Commission
beset three months after the date thereof or prior to such subsequent
purchase.

§ 59.1-85. Register of trade-marks and service marks.—The Com-
mission shall keep for public examination a register of trade-marks and
service marks registered or renewed under this chapter until five years
after the expiration thereof and all renewals thereof.

§ 59.1-86. Cancellation of registration—The Commission shall
cancel from the register:

(1) Any registration concerning which the Commission shall re-

ceive a request for cancellation thereof from the registrant or the as-
signee of record;
(2) All registrations granted under this chapter and prior acts,
and not renewed in accordance with the provisions hereof;

(3) Any registration concerning which the Commission shall find
on its own motion, or on petition of any person who alleges that he is
or will be damaged by such registration,

(a) That the registered trade-mark or service mark has been
abandoned,

(b) That the registrant is not the owner of the trade-mark or
service mark,

(d) That the registration was obtained fraudulently,

(e) That the registered trade-mark or service mark so resembles
a trade-mark or service mark, or trade name, previously used in this
State by another and not abandoned as to be likely when applied to the
goods or services of the registrant to cause confusion or mistake, or to

ecelve.

§ 59.1-87. Classification of goods and services.—The following
classes of goods and services are established for convenience of adminis-
tration of this chapter, but not to limit or extend the applicant’s or
registrant’s rights, and may be added to, deleted from, or changed by order
of the Commission.

A single application for registration of a trade-mark may include any
or all goods upon which the trade-mark is actually being used comprised
in a single class but may not include goods which fall within different
classes.

A single application for registration of a service mark may include
all services in connection with which the service mark is actually being
used comprised in a single class but may not include services which fall
within different classes.

The said classes are as follows:

Smokers’ articles, not including tobacco products.
Explosives, firearms, equipment, and projectiles.

10 =Fertilizers.

11 Inks and inking materials.

12 Construction materials.

18 Hardware and plumbing and steam-fitting supplies.
14 Metals and metal castings and forgings.

15 Oils and greases.

16 Protective and decorative coatings.

17 Tobacco products.

18 Medicines and pharmaceutical preparations.

19 Vehicles.

20 Linoleum and oiled cloth.

21 Electrical apparatus, machines, and supplies.

22 Games, toys, and sporting goods.

23 Cutlery, machinery, and tools, and parts therecf.
24 Laundry appliances and machines.

25 Locks and safes.

GOODS

Class Title

1 Raw or partly prepared materials.

2 Receptacles.

3 Baggage, animal equipment, portfolios, and pocketbooks.

4 Abrasives and polishing materials.

5 Adhesives.

6 Chemicals and chemical] compositions.

7 Cordage.

9
Class Title

26 Measuring and scientific appliances.
27 Horological instruments.
28 Jewelry and precious-metal ware.
29 Brooms, brushes, and dusters.
30 Crockery, earthenware, and porcelain.
Sl Filters and refrigerators.
02 Furniture and upholstery.
33 Glassware.
34 Heating, lighting, and ventilating apparatus. oo
85 Belting, hose, machinery packing, and nonmetallic tires.
36 Musical instruments and supplies.
37 Paper and stationery.
38 Prints and publications.
39 Clothing.
40 Fancy goods, furnishings, and notions.
41 Canes, parasols, and umbrellas.
42 Knitted, netted, and textile fabrics, and substitutes therefor.
43 Thread and yarn.
44 Dental, medical, and surgical appliances.
45 Soft drinks and carbonated waters.
46 Foods and ingredients of foods.
AT Wines.
48 Malt beverages and liquors.
49 Distilled alcoholic liquors.
50 Merchandise not otherwise classified.
51 Cosmetics and toilet preparations.
52 Detergents and soaps.
SERVICES

100 Services not otherwise classified.
101 Advertising.

102 Insurance and financial.

103 Construction and repair.

104. Communication.

105 Transportation and storage.

106 Material treatment.

107 Education and entertainment.

§ 59.1-88. Infringement.—Subject to the provisions of § 59.1-89,
any person who shall

(a) Use, in this State, without the consent of the registrant, any
reproduction, counterfeit, copy or colorable imitation of any registered
trade-mark or service mark in connection with the sale, offering for sale,
or advertising of any goods or services in a manner likely to cause con-
fusion or mistake or to deceive purchasers as to the source or origin of
such goods or services; or

(b) Reproduce, counterfeit, copy, or colorably imitate any such
trade-mark or service mark and apply such reproduction, counterfeit, copy
or colorable imitation to labels, signs, prints, packages, wrappers, recep-
tacles, or advertisements intended to be used upon or in connection with
the sale or other distribution in this State of such goods or services.

Shall be hable to civil action by the registrant for any or all of the
remedies hereinafter provided in § 59.1-89, except that under subsection
(b) hereof the registrant shall not be entitled to recover profits or dam-
ages unless the acts have been committed with knowledge that such trade-
mark or service mark is intended to be used to cause confusion or mistake
or to deceive purchasers.

§ 59.1-89. Remedies.—Any owner of a trade-mark or service mark
registered under this chapter, or prior acts, and in force and effect, may
proceed by suit in a circuit or corporation court, or eourt of equity jurisalc-
tion, to enjoin the manufacture, use, display or sale in this State of any
counterfeits or imitations thereof and the court may grant injunctions to
restrain such manufacture, use, display or sale as may be by the court
deemed just and reasonable, and may require the defendants to pay to such
owner all profits derived from and/or all damages suffered by reason of
such wrongful manufacture, use, display or sale; and the court may also
order that any such counterfeits or ‘mitations in the possession or under
the control of any defendant in the case be delivered to an officer of the
court, or to the complainant, to be destroyed.

§ 59.1-90. Common-law rights not affected.—Nothing herein shall
adversely affect the enforcement of common-law rights in trade-marks or
service marks.

§ 59.1-91. Commission may consider final judgments involving
registration.—In any proceeding before the Commission involving the
right to registration, or the cancellation of registration, in whole or in part,
the final judgment of a court of record involving the right to registration,
or ordering the cancellation of registration, in whole or in part, may be
offered in evidence to the Commission or filed with the Commission by
either party to the registration or cancellation proceeding before the Com-
mission. The Commission may consider the judgment of the court in
determining what action it should take with respect to the registration or
cancellation involved.

59.1-92. Appeals from final action of Commission.—From any
final action of the Commission under the provisions of this chapter an
appeal shall lie of right to the Supreme Court of Appeals in accordance
with the provisions of § 12-63 of the Code of Virginia.

CHAPTER 7.

NAMES, MARKS AND DEVICES ON CERTAIN
CONTAINERS AND OTHER ARTICLES

§ 59.1-93. “Person” defined.—The word “person” as used in this
chapter shall mean an individual, firm or corporation.

§ 59.1-94. Filing and publication of description of names, marks
or devices.— Any person engaged in manufacturing, bottling or selling soda
waters, mineral or aerated waters, cider, ginger ale, milk, cream, ice cream,
soft drinks or other beverages, or medicines, medical preparations, per-
fumery, oils, compounds or mixtures, in bottles, siphons, tins, crates or
kegs, with his or its name or other marks or devices branded, stamped,
engraved, etched, blown, impressed or otherwise produced upon such bot-
tles, siphons, siphon heads, tins, crates, or kegs, or the boxes used by him,
or any person engaged in the business of regularly supplying clean laun-
dered garments, towels, table or bed linens or other such articles with his
or its name or other marks or devices woven, impressed or produced there-
on, and who periodically exchanges such clean articles for soiled articles,
may file in the office of the clerk of the county or corporation court in which
his principal office of business is situated or in the clerk’s office of the
chancery court of the city of Richmond, if such principal office of business
is situated in such city, or if such person shall manufacture, supply or
bottle out of this State, then in any county in this State, and also in the
office of the State Corporation Commission, a description of the name or
names or marks or devices so used by him and cause such description to be
printed once in each week, for three weeks successively, in a newspaper
published in the county or corporation in which such description may have
been filed as aforesaid, and if there be no newspaper published in the
county or corporation in which such description has been filed, then in the
newspaper published nearest to that county or corporation, and he shall
thereupon be deemed the proprietor of such name, mark or device, and of
every vessel or receptacle or clean laundered or soiled articles mentionec
herein upon which it may be branded, stamped, engraved, etched, blown
impressed, woven or otherwise produced. ;

§ 59.1-95. Certified copy as evidence; fees of the State Corporation
Commission.—A certified copy of the description of the names, marks or
devices referred to in this chapter, and filed with the State Corporation
Commission, shall be prima facie evidence of the ownership of such bottles,
siphons, boxes, crates, tins, kegs or clean laundered or soiled articles men-
tioned in this chapter in the trial of any case arising under the provisions
of this chapter. For filing such paper or giving such copy, the State Cor-
poration Commission may make a reasonable charge not exceeding five

ollars.

§ 59.1-96. Offenses and punishments.—lIt shall be unlawful for any
person to fill with soda waters, mineral or aerated waters, cider, ginger ale,
milk, or soft drinks, or other beverages or with medicine, medical prepara-
tions, perfumery, oils, compounds or mixtures, any bottle, box, crate, tin or
keg so marked or distinguished as provided in § 59.1-94 with or by any
name, mark or device, of which a description shall have been filed and
published, as provided in such section, or to deface, erase, obliterate, cover
up or otherwise remove, or conceal, any such name, mark or device thereon,
or to sell, buy, give, take, receive, or otherwise dispose of or traffic in the
same without the written consent of, or unless the same shall have been
purchased by an agreement in writing from, the person whose mark or
device shall be or shall have been in or upon the bottle, siphon, siphon head,
crate, tin or keg so filled, trafficked in, used or handled as aforesaid. It shall
also be unlawful for any person to sell, buy, rent, or otherwise traffic in any
clean laundered or soiled articles mentioned in this chapter so marked or
designated as provided in § 59.1-94 with or by any name, mark or device,
of which a description shall have been filed and published, as provided in
such section, or to deface, erase, obliterate, cover up or otherwise remove or
conceal, any such name, mark or device thereon, or to sell, buy, give, take,
receive or otherwise dispose of or traffic in the same without the written
consent of, or unless the same shall have been purchased by an agreement
In writing from, the person whose mark or device shall be or shall have
been in or upon any such clean laundered or soiled article. Any person
offending against the provisions of this section shall be deemed guilty of a
misdemeanor, and shall be punished for the first offense by imprisonment
for not less than ten days, nor more than one year, or by a fine of five dol-
lars, and in addition thereto fifty cents for each and every such bottle, box,
siphon, siphon head, crate, tin or keg, sold, disposed of, received, bought or
trafficked in, or by both such fine and imprisonment, and for each subse-
quent offense by imprisonment for not less than twenty days nor more than
one year, or by a fine of not less than fifty dollars, and in addition thereto
one dollar for each and every bottle, box, siphon, crate, tin or keg filled,
sold, used, disposed of, received, bought or trafficked in, or by both such
fine and imprisonment, in the discretion of the judge or jury before whom
the offense shall be tried; provided that in the case of any person offending
against the provisions of this section relating to clean laundered or soiled
articles such fine for the first offense shall be not less than twenty-five
dollars nor more than two hundred dollars and for each subsequent offense,
the fine shall be not less than fifty nor more than four hundred dollars.

§ 59.1-97. Presumptive evidence of unlawful use and trafficking in
marked containers and other articles—The use by any person other than
the person whose device, name or mark shall be or shall have been upon
the same without such written consent as aforesaid, of any such marked or
distinguished bottle, box, siphon, siphon heads, crate, tin or keg, and filed
and published as aforesaid, for the sale therein of soda water, mineral or
aerated waters, cider, ginger ale, milk, cream, soft drinks or other bever-

ages, or of any articles of merchandise, medicines, medical preparations,
perfumery, oils, compounds, mixtures or preparations, or for the furnish-
ing of such or similar beverages to customers, or the receiving, buying,
selling, using, disposing of or trafficking in any such bottles, boxes, siphons,
siphon heads, crates, tins or kegs by any person other than the person
having his name, mark or device thereon, or the having by any junk dealer,
or dealers in second-hand articles, venders of bottles, etc., possession of any
such bottles, boxes, siphons, siphon heads, crates, tins, or kegs, and descrip-
tion of the marks, names or devices whereon shall have been so filed and
published, as aforesaid, or any such use of such device, name or mark dis-
tinguishing any clean laundered or soiled article mentioned in this chapter
or any such receiving, buying, selling, using, disposing of or trafficking in
any such article by any person other than the person having his name,
mark or device thereon, or such having by any such junk dealer or other
second-hand dealers possession of any such article and description of the
marks, names or devices whereon shall have been so filed and published, as
aforesaid, shall be presumptive evidence of the unlawful use and purchase
of and trafficking in such bottles, siphons, boxes, siphon heads, crates, tins,
kegs, or clean laundered or soiled article mentioned in this chapter.

§ 59.1-98. Procedure when violation charged; awarding possession
of property to owner.—Whenever any person mentioned in § 59.1-94 or his
agent shall make oath before any justice of the peace, or other officer
empowered to issue criminal warrants, that he has reason to believe, and
does believe that within the city, town or county of such justice of the
peace or other officer, any of his bottles, boxes, siphons, siphon heads,
crates, tins, kegs, or clean laundered or soiled articles mentioned in this
chapter a description of the names, marks or devices whereon has been
filed and published as aforesaid, are being unlawfully used or filled or had,
by any person manufacturing or selling soda, mineral or aerated waters,
cider, ginger ale, milk, cream, soft drinks or other beverages or medicines,
medical preparations, perfumery, oils, compounds or mixtures, or that any
junk dealer or dealer in second-hand articles, vendor of bottles, or any
other person has any such bottles, boxes, siphons, siphon heads,
crates, tins, kegs or clean laundered or _ soiled articles men-
tioned in this chapter in his possession or secreted in any place, the justice
of the peace or other officer, before whom such oath is made must thereupon
issue a search warrant to discover and obtain the same, and may also issue
his warrant stating the offense charged, and cause to be brought before
any county or municipal court having jurisdiction the person in whose
possession such bottles, boxes, siphons, siphon heads, crates, tins, kegs or
clean laundered or soiled articles mentioned in this chapter may be found,
and shall then inquire into the circumstances of such possession and if
such county or municipal court finds such person has been guilty of a
violation of § 59.1-96, it must impose the punishment therein prescribed,
and it shall award possession of the property taken upon such warrant to
the owner thereof.

§ 59.1-99. Right of appeal; commitment to jail; return and filing
of papers.—Any person convicted under the provisions of the preceding
section shall have the right of appeal from the decision of such court not
of record to the circuit, corporation or hustings court, and shall, unless let
to bail, be committed to jail, until next term of such court of record, and
the witnesses shall be recognized to appear at the same time. The judge
of the court not of record shall return and file all of the papers in each
case with the clerk of the court of record.

§ 59.1-100. Trial on appeal.—The appeal shall be tried without for-
mal pleadings in writing, and the accused shall be entitled to trial by jury
in the same manner as if he had been indicted for the offense in such court.
§ 59.1-101. Requiring or accepting deposit upon property not deemed
a sale thereof.—The requiring, taking or accepting of any deposit, for any
purpose, upon any bottle, siphon, siphon head, crate, tin, keg, freezer, can,
spoon, block, mould, tray, pan, brick, pail, tub, refrigerator box, cutlery,
glass, china, chair, table, sign or clean laundered or soiled article mentioned
in this chapter shall not be deemed or constitute a sale of such property,
either optional or otherwise in any proceeding under this chapter.

§ 59.1-102. Records; previous filing and publishing of names,
marks, etc.—The Secretary of the Commonwealth shall deliver the records
of his office relating to names, marks and devices on such property as 1s
mentioned in § 59.1-94 to the State Corporation Commission. No person
who has filed prior to July first, nineteen hundred forty-eight, in the
proper offices, a description of the name or names, marks or devices upon
such property and has caused the same to be published according to the
law existing at the time of such filing and publication, shall be required to
again file and publish such description to be entitled to the benefits of this
chapter.

CHAPTER 8.

TIMBER BRANDS.

§ 59.1-103. Persons engaged in lumbering or rafting on certain
waters may adopt mark of designation.—It shall be lawful for any person
at any time engaged in lumbering or rafting in any manner upon the
Elizabeth River in the State of Virginia, or on any of its tributaries, or in
the Albemarle and Chesapeake Canal or in the Dismal Swamp Canal or in
any river or creek lying within the boundaries of this State and connecting
with either of such canals or upon the Chesapeake Bay, to adopt a mark of
designation wherewith to stamp or mark all saw-logs, piles, hewn timber
or square timber put or intended to be put by him in any of such streams to
be floated and rafted on the same. Such mark may be either in letters,
figures, words, names or other devices at the discretion of the person
adopting it.

A statement of the mark so adopted with a certificate appended that
the same has been adopted as the mark of designation aforesaid, signed by
the person adopting the same, shall be furnished to the clerk of the circuit
court of the county or corporation court of the city where such person is
doing business and has his principal office.

No person shall be entitled to adopt more than one of any of the
respective kinds of marks or stamps aforesaid as his mark of designation,
but any such person shall not be prohibited from using any other mark in
addition to such mark of designation for distinguishing different kinds
or lots of timber obtained from different localities, if it does not interfere
with the mark of designation of any other person.

§ 59.1-104. Fees for granting certificates of marks of designation.—
The clerk of such court shall be entitled to demand and receive for the first
certificate of such mark of designation the sum of seventy-five cents and
for every subsequent certificate of like nature the sum of fifty cents.

__ § 59.1-105. Certificate as evidence of right to use marks.—Any cer-
tificate of such mark of designation shall be prima facie evidence of the
right of the person filing the same to use the mark or marks mentioned

erein.

§ 59.1-106. Sale of unclaimed timber, etc., found adrift; disposition
of proceeds.—Any person, except the owner thereof, taking up and secur-
ing any saw-log, pile, hewn timber or square timber detached from any
raft and found adrift or aground on any of the waters or streams men-
tioned in § 59.1-138, shall promptly report such fact to the owner thereof,
or shall lodge a list containing a description of the quantity, quality, and
marks, if any, of such timber with a justice of the peace living nearest to
the place where such timber was so found and secured, which justice of
the peace shall promptly advertise the same for five consecutive days ina
newspaper published in the city of Norfolk. If such timber shall not be
claimed by the owner thereof within thirty days after such publication it
shall be lawful for the justice of the peace to order the sale thereof at public
auction by an officer after giving five days’ notice of the time, place, and
terms of such sale by not less than six hand-bills posted in the most public
places in the vicinity where the same was found and within the county
wherein the justice of the peace may reside. Out of the proceeds of such
sale the justice of the peace, after paying the expenses of the advertisement
and handbills, together with all the other costs of such proceeding at law,
shall pay to the person or persons who found and secured the timber ten
cents for each piece thereof so taken and secured, and the residue of such
proceeds of sale shall be paid into the State treasury for the benefit of the
e.

$ 59.1-107. Fraudulent use of mark or claim of ownership; deface-
ment of mark, etc.; destruction or conversion of timber, etc.—If any person
shall fraudulently or wilfully use any such registered mark, or shall fraudu-
lently claim to be the owner of any such marked saw-log, pile, square or
hewn timber found or being in any of the aforesaid streams or waters,
whether floating or aground or tied up to any wharf or other object, either
as part of a raft or not, or shall take and carry away any such marked
saw-log, pile or piece of square or hewn timber without the authority of the
owner thereof, or shall wilfully deface or obliterate any such mark, name,
figure, letter, or other designation thereon, or shall fraudulently saw, split,
consume, destroy, or injure any such marked saw-log, pile square or hewn
timber, or shall without the consent of the owner thereof sell or convert the
same to his own use unless it shall have been duly forfeited according to
the provisions of this chapter or according to other provisions of law, he
shall for every such offense upon conviction be confined in jail not less than
sixty days and not exceeding twelve months.

§ 59.1-108. Who are timber dealers.—Every person, firm or corpora-
tion dealing in logs or timber in any form to be floated on the streams of
this State shall be called and known as timber dealers, and as such may
a brand or trade-mark in the manner and with the effect hereinafter
provided.

§ 59.1-109. Timber dealer may adopt brand or trade-mark; recorda-
tion.— Every such dealer desiring to adopt a brand or trade-mark who has
not heretofore adopted one may do so by the execution and acknowledge-
ment, as deeds are required to be acknowledged, of a writing substantially
in form and effect as follows:

“Notice is hereby given that I (or we or the undersigned company, as
the case may be) have (or has) adopted the following brand or trade-mark
to be used in my (or our or its) business as a timber dealer (or dealers, as
the case may be), to-wit: (Here insert the word, letter or letters, or figures,
or device or devices adopted.)

“Given under my (or our or its) hand and seal this ........ day of ............ ;
nineteen ................

be recorded in the office of the clerk of the circuit court of the county in
which the principal office or place of business of such timber dealer may be
and of such other counties as such dealer may do business in. Nothing in
this section shall be construed to prevent any person who has heretofore
used any particular brand from adopting the same as his trade-mark, and
when he shall have adopted it as his trade-mark as provided in this section
it shall apply to the trees and timber heretofore marked with such brand
as well as to such as may be hereafter so marked.
§ 59.1-110. Using recorded brand or trade-mark without author-
ity—Every brand or trade-mark so adopted shall, from the date of its
recordation be the exclusive brand or trade-mark of the person, firm or
corporation adopting it, and any other person, firm or corporation know-
ingly using or attempting to use the same, without authority in writing
from the owner thereof, shall be guilty of a misdemeanor and fined for
each offense in so using the same not less than twenty nor more than two
hundred dollars, and shall be liable to the owner of such brand or trade-
mark for all the damages sustained by such owner by reason of such
unauthorized use. ;

§ 59.1-111. Unauthorized use of dealer’s branding-iron, or defacing,
etc., marks made by it.—Every timber dealer may have a branding-iron
or hammer with which to impress such brand or trade-mark on a log, tree
or other timber; and any person who shall use such branding-iron or ham-
mer or have or use one of like form and making the same brand or trade-
mark, or who shall intentionally and without authority in writing remove,
deface, or obliterate or destroy such brand or trade-mark when once Im-
pressed or placed on a log, tree or other timber shall be guilty of a felony,
and for each offense shall be confined in the penitentiary not less than one
nor more than three years.

§ 59.1-112. Fraudulently impressing brand on timber.—If any per-
son shall knowingly or fraudulently impress or place such brand or trade-
mark on any log, tree or other timber not his own he shall be guilty of a
misdemeanor and fined for each offense not less than ten nor more than
one hundred dollars and confined in jail not less than ten nor more than
twenty days.

§ 59.1-113. Effect of impressing brand on tree, etc.—The placing
or impressing such brand or trade-mark on a log, tree or other marketable
timber shall be deemed to be a change of ownership and possession.

§ 59.1-114. Unlawful cutting down, possessing or converting
branded timber.—Any person who shall cut down a tree or shall knowingly
have in his possession a log or other timber that has been so branded, with-
out the written consent of its owner, and claiming it as his own, or who
shall convert it to his own use or offer to sell same, shall be guilty of a
felony and punished by confinement in the penitentiary for not less than
one nor more than two years for each offense, unless the defendant in such
case show a bona fide adverse claim or color of title to the timber or logs in
question obtained before such branding.

§ 59.1-115. Sheriff’s sale of unbranded timber; recovery by owner;
disposition of proceeds.—Every person who shall take, catch, hold or have
in his possession any log or other marketable timber, not branded as afore-
said, without the written consent of the owner thereof, shall within ten
days after catching, taking up, or getting possession of the same, as afore-
said, report the same in writing to the county clerk of the county in which
such person resides, and thirty days after such report is received the
sheriff of such county shall sell the same publicly at the court house door
on the first day of a circuit court in the county, of which notice shall be
given by the sheriff for at least ten days by written or printed notices
posted at the front door of such court house or near thereto and at one or
more public places in the county. Any person owning such log or timber
may, however, recover the same, by satisfying the sheriff that he is entitled
to it, or by action of detinue, as provided by law. Such sale shall be made
for cash, and the proceeds when collected, after paying the expenses of
sale, including a fee of twenty-five cents for each log or piece of timber
so sold, shall be paid to the treasurer of the county for the benefit of the
public schools of the district in which the party reporting the same shall at
that time reside. Any person failing to report to such clerk, as aforesaid,
or to turn over the log or other timber to the sheriff, or any sheriff failing
or refusing to advertise and sell such log or timber, as aforesaid, shall be
guilty of a misdemeanor, and fined not less than ten nor more than one
hundred dollars for each offense.

§ 59.1-116. Saw-logs floated in Louisa river to be branded.—Any
person rafting or floating saw-logs in Louisa river, or any of its tributaries,
in the county of Buchanan, shall mark or brand the same, so that the own-
ership thereof may be identified; and any person who shall catch and
securely tie up any such log while floating in such river in such county,
below the mouth of Big Prattor creek, shall be entitled to demand and
receive from the owner fifty cents for each walnut log, and twenty-five
cents for each poplar or other kind of log, so caught and secured, upon
payment of which sum within ten days thereafter, the owner shall be
entitled to such log or logs.

Every person rafting or floating logs in such river shall have his
brand or mark recorded in the office of the county clerk, in a book kept by
the clerk for the purpose. The certificate of such clerk shall be prima facie
evidence of such brand or mark. The clerk shall be entitled to a fee of
twenty-five cents for recording the same and twenty-five cents for a copy
thereof.

If any person alter, cut out, or erase the mark or brand on any such
logs or timber, he shall forfeit to the owner thereof twenty-five dollars, and
shall moreover be deemed guilty of a misdemeanor.

CHAPTER 9.
SECOND HAND ARTICLES

Article 1.
Building Fixtures.

§ 59.1-117. Permit required for trading in second-hand building
fixtures.—Except as otherwise provided in this chapter, no person, firm or
corporation shall offer for sale or sell any second-hand heating or plumbing
fixtures or supplies, electric fixtures or wiring, gas fixtures or appliances,
water faucets, pipes, locks, bath tubs or other second-hand fixtures of
whatever kind or description pertaining to a building, without first obtain-
ing a permit for the sale of the same from the chief of police of the city or
town or the sheriff of the county in which such property is offered for sale.

§ 59.1-118. Permit issued by chief of police or sheriff; revocation.—
The chief of police of a city or the sheriff of a county may issue to persons
regularly engaged in the business of collecting second-hand materials for
resale a semi-annual or annual permit covering all sales made by such
persons. The chief of police or sheriff may refuse to issue a permit, and
may revoke any permit issued, to any person convicted of stealing or
receiving stolen goods. No charge shall be made for any such permit.

§ 59.1-119. Who deemed a dealer.—Every person who purchases
second-hand property of the kind mentioned in § 59.1-117 for the purpose
of resale or installation on the property of another shall be deemed a
dealer within the meaning of the provisions of this article.

§ 59.1-120. Books to be kept by dealers.—Every dealer shall keep at
his place of business a permanently bound book or books in which shall be
legibly written with ink in English at the time of each transaction in the
course of his business an accurate account of each purchase and/or sale of
every article mentioned in § 59.1-117 sold or purchased by him. Such ac-
count shall set forth an accurate description of the goods, articles or things
purchased or sold and the name, residence and description of the person
selling, delivering or purchasing the same, the license number of the auto-
mobile or vehicle in which the goods, article or things were delivered or
received and the permit number, if the goods offered can only be sold under
a permit issued by the chief of police of the city or town or the sheriff
of the county in which such goods were sold. The description of the
person required by this section shall consist of the color, sex, approximate
height, and age, any distinguishing feature of such person, and the
thumb prints of both hands of such person on the same page on which
the entry is made.

§ 59.1-121. Reports to be made to chief of police or sheriff.—Every
junk dealer and dealers in second-hand personal property, including
persons regularly engaged in the business of collecting second-hand ma-
terials for resale to junk dealers, shall every day except Sunday before
the hour of noon deliver to the chief of police of the city or town on
blank forms to be prescribed and furnished by the chief of police of
such city or town a legible and accurate description of every article
or thing of the kind mentioned in § 59.1-117 received by him during the
business day next preceding, the permit number under which the goods
were received by the dealer, the license number of any automobile or
vehicle in which the goods or things were delivered, together with a
description of the person selling or delivering the same, including the
color, sex, approximate height and age and any distinguishing features
of such person, together with a reference to the volume and number of
the page where the original entry required by § 59.1-120 is made. Where
goods of the kind mentioned in § 59.1-117 are purchased or received in a
county, the same information required by this section shall be furnished
to the sheriff of the county in which such goods were bought or received
not later than midday of the Saturday following the purchase or receipt
of such goods, but the sheriff shall not be required to prepare or furnish
blank forms for such reports for use in the county, and the dealer may
submit any report which fairly conforms to the requirements of this
section.

§ 59.1-122. Books and places of business open to inspection.—The
books required by this article to be kept, and the places of business of all
persons engaged in the sale, receiving or purchasing of the articles men-
tioned in § 59.1-117, shall at all reasonable times be open to the inspection
of any police officer, sheriff or deputy of the county, city or town in
which such place of business is located.

59.1-123. Exemptions from article.—The provisions of this article
shall not apply to the sale of second-hand materials mentioned in § 59.1-117
taken from premises occupied by the owner, when sold by such owner
on the premises; nor shall the provisions of this article apply to the sale of
such articles when purchased from a public utilities corporation at its place
of business or a governmental agency.

§ 59.1-124. Penalty for violation——Any violation of this article shall
be a misdemeanor. For the first offense the penalty shall be a fine of not
less than fifty dollars nor more than one hundred dollars, and for any
second or subsequent offense, a fine of not less than one hundred dollars
nor more than five hundred dollars and confinement in jail for a period
not exceeding twelve months.

Article 2.

Equipment of Railroads and Other Companies.

§ 59.1-125. When unlawful to buy or accept.—It shall be unlawful
for any person, firm or corporation to barter, purchase, exchange, buy
or accept from any person whomsoever, except plumbers, the owner of
buildings from which the material is taken, railroad, coal mining, in-
dustrial, manufacturing and public utility companies, or the authorized
agents of such companies, lawful owners and junk dealers, licensed in this
State, any second-hand steel, copper, copper wire, aluminum, aluminum
wire, brass, brass bearings or fittings, electric light or gas fixtures, locks
or other builders hardware, plumbing fixtures, bell or bell fixtures, lead
or brass water pipes or any part of such fixtures or pipes, or any wire,
cable, lead, solder, copper, iron or brass used by or belonging to a rail-
road, telephone, telegraph, coal mining, industrial, manufacturing or pub-
lic utility company; provided that this section shall not apply to any
person, firm or corporation which shall barter, purchase, exchange, buy
or accept any second-hand grooved or figure-eight copper trolley wire,
bare or insulated heavy stranded copper or aluminum feeder wire, high
voltage copper or aluminum transmission wire, or bare or insulated min-
ing machine copper cables, but § 59.1-128 shall be applicable thereto.

§ 59.1-126. Receipt or bill of sale to be taken by buyer.—Any person
buying, at public or private sale, any such second-hand articles as are
mentioned in § 59.1-85, except those excepted in said section, shall take
from the seller a properly dated written receipt or bill of sale signed
by such seller which shall therein state specifically the seller’s address,
business, social security number, vehicle license number, and place of
residence. If a seller of such articles be not personally known to the
buyer or if the seller be unable to write his name, such seller shall produce
an adult witness personally known to the buyer to identify the seller
and also to sign such receipt or bill of sale as witness, the latter also
stating therein his full name, occupation and place of residence. Such
receipt or bill of sale shall specifically set forth, by accurate description
giving the character, kind, quality, weight, length or size, and other
detailed description sufficient to accurately identify the same, each of
such articles so purchased and shall be retained by the buyer at his place
of business for a period of six months after such purchase.

§ 59.1-127. Violation of §§ 59.1-125 or 59.1-126 a misdemeanor.—Any
person violating any of the provisions of §§ 59.1-125 or 59.1-126 shall be
guilty of a misdemeanor.

§ 59.1-128. When unlawful to buy, exchange, etc., second-hand cop-
per or aluminum wire.—It shall be unlawful for any person, firm or cor-
poration to barter, purchase, exchange, buy or accept from any person
whomsoever, except the manufacturer thereof or his authorized agent,
railroad, coal mining, industrial, manufacturing and public utility com-
panies, or the authorized agents of such companies, governmental agen-
cies, and licensed junk dealers, licensed scrap metal dealers, licensed elec-
trical contractors and licensed merchants, any second-hand grooved or
figure-eight copper trolley wire, bare or insulated heavy stranded copper
or aluminum feeder wire, high voltage copper or aluminum transmission
wire, or bare or insulated mining machine copper cables.

§ 59.1-129. Requirements when articles mentioned in § 59.1-128 are
bought, exchanged, etc.—Any person, firm or corporation which shall
barter, purchase, exchange, buy or accept any of the articles mentioned
in § 59.1-128, shall comply with the provisions of § 59.1-126 and shall,
in addition, tag each lot of said articles with the name of the seller and
the date of receipt and shall retain each such lot in his possession so
tagged for thirtv days in such manner that its separate identity shall
be preserved; provided that the requirements of this section for tagging
said articles and retaining them in possession shall not be applicable if
the receipt or bill of sale required by § 59.1-126 shall contain an authoriza-
tion naming the agent who delivers the articles and signed by an officer,
or by the proprietor, of the manufacturer, or coal mining, industrial,
manufacturing, public utility company, governmental agency, licensed
junk dealer, licensed scrap metal dealer, licensed electrical contractor or
licensed merchant, giving such authorization.

§ 59.1-130. Punishment for violation of §§ 59.1-128 and 59.1-129.—
Any person violating any of the provisions of §§ 59.1-128 or 59.1-129 shall
be confined in the penitentiary not less than one year nor more than two
years, or in the discretion of the court or the jury trying the case,
shall be fined not less than one hundred dollars nor more than one thou-
sand dollars, or confined in jail for any term not exceeding twelve months,
or both. Possession of any such second-hand articles in violation of any
of the provisions of said sections shall be prima facie evidence of guilt.

Article 8.
Watches.

§ 59.1-131. When watch deemed second-hand.—A watch shall be
deemed to be second-hand if

(1) Asa whole or the case thereof or the movement shall have been
previously sold to or acquired by any person who bought or acquired the
same for his use or the use of another, but not for resale; or

(2) Its case serial numbers or movement numbers or other dis-
tinguishing numbers or identification marks shall be erased, defaced, re-
moved, altered or covered.

§ 59.1-132. Tag to be affixed to watch.—Any person, firm, partner-
ship, association or corporation engaged in the business of buying or
selling watches, or any agent or servant thereof, who may sell or exchange,
or offer for sale or exchange, expose for sale or exchange, possess with
the intent to sell or exchange, or display with the intent to sell or ex-
change any second-hand watch, shall affix and keep affixed to the same
a tag with the words “second-hand” clearly and legibly written or printed
thereon, and the tag shall be so placed that the words “second-hand” shall
be in plain sight at all times.

§ 59.1-133. Invoice to be furnished to purchaser.—Any person, firm,
partnership, association or corporation engaged in the business of buy-
ing or selling watches, or any agent or servant thereof, who may sell
a second-hand watch or in any other way pass title thereto shall deliver
to the vendee a written invoice bearing the words “second-hand watch”
in bold letters, larger than any of the other written matter upon such
invoice. Such invoice shall further set forth the name and address of
the vendor, the name and address of the vendee, the date of the sale,
the name of the watch or its maker, and the serial numbers (if any),
and any other distinguishing numbers or identification marks upon its
case and movements. If the serial numbers or other distinguishing num-
bers or identification marks shall have been erased, defaced, removed,
altered or covered, such invoice shall so state. The vendor shall keep
on file a duplicate of such invoice for at least five years from the date of
the sale thereof, which shall be open to inspection during all business hours
by the law enforcement officers of the county or city in which the vendor
is engaged in business.

§ 59.1-134. Advertisement or display.—Any person, firm, partner-
ship, association or corporation, or any agent or servant thereof, who
advertises or displays in any manner a second-hand watch for sale or
exchange shall state clearly in such advertisement or display that the
watch is a second-hand watch.

§ 59.1-135. Penalty for violation——Any person, firm, partnership,
association or corporation, or any agent or servant thereof, who shall
violate any of the provisions of this article shall be guilty of a mis-
demeanor and shall be punished by a fine not to exceed the sum of five
hundred dollars or by imprisonment not to exceed ninety days, or both.

§ 59.1-136. Pawnbrokers’ auction sales exempted.—The provisions
of this article shall not apply to pawnbrokers’ auction sales of un-
redeemed pledges when public notice of the fact that watches are rebuilt
or are second-hand is given prior to the sale.
§ 59.1-137. Definition——Whenever used in this chapter:

‘“Explosives’’ means commercial explosives which are classified as of
June 27, 1960, in the Interstate Commerce Commission’s regulations for
transportation of explosives and other dangerous articles as Class A, Class
B, or Class C explosives, and include but are not limited to dynamite, black
blasting powder, pellet powder, initiating explosives, blasting caps, electric
blasting caps, safety fuse, fuse igniters, fuse lighters, squibs, cordeau
detonant fuse, instantaneous fuse, igniter cord and igniters.

§ 59.1-138. Record of sales required; signing by purchasers; sales
to persons under twenty-one prohibited.—(a) Any person selling any ex-
plosives covered by this chapter shall keep a record of all such explosives
sold, showing the kind and quantity sold, the name and address of the
purchaser, and the date of each sale. The person selling such explosives
shall also require any person purchasing such explosives to sign such rec-
ord at the time of such purchase.

(b) No person shall sell, deliver, give away, or otherwise dispose of
any explosives to any individual under twenty-one years of age, whether
such individual is acting for himself, herself, or for any other person.

§ 59.1-139. Persons possessing explosives to give notice of theft.—
Any person having in his possession any explosives covered by this chapter
shall immediately notify the sheriff of the county or the police officials of
the city in which any such explosives are being stored or used in the event
that any such explosives are stolen.

§ 59.1-140. Effect of chapter upon municipal regulation.—Nothing
contained in this chapter shall:

Affect any existing ordinance, rule or regulation of any city or munic-
ipality in this State that is not less restrictive than this chapter; or affect,
modify or limit the power of such cities or municipalities to make ordi-
nances, rules or regulations not less restrictive than this chapter, govern-
ing the storage, possession, sale and use of explosives within their respec-
tive corporate limits.

§ 59.1-141. Penalty.—Any person who violates any provision of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, be
punished accordingly.

CHAPTER 11.
FIREWORKS.

§ 59.1-142. When manufacture, transportation, sale, ete., of fire-
works unlawful.—Except as otherwise provided in this chapter, it shall be
unlawful for any person, firm or corporation to transport, manufacture,
store, sell, offer for sale, expose for sale, or to buy, use, ignite or explode any
firecracker, torpedo, skyrocket, or other substance or thing, of whatever
form or construction, containing nitrates, chlorates, oxalates, sulphides of
lead, barium, antimony, nitroglycerine, phosphorus or any other explosive
or inflammable compound or substance, and intended, or commonly known,
as fireworks.

§ 59.1-143. Seizure and destruction of certain fireworks.—Any law
enforcement officer arresting any person for a violation of this chapter
shall seize any article mentioned in § 59.1-142 in the possession or under
the control of the person so arrested and shall hold the same until final dis-
position of any criminal proceedings against such person. If a judgment
of conviction be entered against such person, the court shall order destruc-
tion of such articles upon expiration of the time allowed for appeal of such
judgment of conviction.

§ 59.1-144. Permits for display of fireworks; sales for use there-
under.—The governing bodies of the several counties, cities and towns shall
have the power to provide for the issuance of permits, upon application in
writing, for the display of fireworks by fair associations, amusement parks,
or by any organization or group of individuals, under such terms and con-
ditions as they may prescribe. After such permit has been issued sales of
fireworks may be made for use under such permit, and the association,
organization or group to which it is issued may make use of such fireworks
under the terms and conditions of such permit.

59.1-145. Penalty for violation—Any person who violates any
provision of this chapter shall be guilty of a misdemeanor and, upon con-
viction thereof, be punished by confinement in jail not to exceed twelve
months, or by a fine not exceeding one thousand dollars, or both such ‘ine
and imprisonment.

§ 59.1-146. Exemptions generally.—This chapter shall have no ap-
plication to any officer or member of the armed forces of this State, or of
the United States, while acting within the scope of his authority and duties
as such, nor to any offer of sale or sale of fireworks to any authorized agent
of such armed forces; nor shall it be applicable to the sale or use of mate-
rials or equipment, otherwise prohibited by this chapter, when such mate-
rial or equipment is used or to be used by any person for signalling or other
emergency use in the operation of any boat, railroad train or other vehicle
for the transportation of persons or property.

59.1-147. Certain fireworks exploded on private property.—This
chapter shall not apply to sparklers, fountains, Pharoah’s serpents, caps
for pistols, nor shall it apply to pinwheels commonly known as whirligigs
or spinning jennies, when used, ignited or exploded on private property
with the consent of the owner of such property.

§ 59.1-148. Local ordinances not affected.—Nothing contained mm
this chapter shall apply to any ordinance prohibiting the sale, storage, use,
possession or manufacture of fireworks heretofore or hereafter adopted by
any county, city or town.

CHAPTER 12.

GASOLINE AND LUBRICATING OILS

§ 59.1-149. Definitions.—As used in this chapter:

(1) “Gasoline” shall be construed to include naphtha, benzine and
other like liquids and fluids derived from petroleum or other sources and
used, or intended to be used, for power purposes, except kerosene.

(2) “Lubricating oil” shall be construed to mean lubricating oils used
in internal combustion engines.

(8) “Commissioner” shall mean the Commissioner of Agriculture and
Commerce.

§ 59.1-150. Gasoline subject to inspection and test.—All gasoline
used, or intended to be used, or sold or offered for sale or distribution in
this State, for power purposes, shall be subject to inspection and test for
tne purpose of preventing adulteration, deception or fraud in the sale
thereof.

§ 59.1-151. Statements to be filed by manufacturers, wholesalers and
jobbers.—All manufacturers, wholesalers, and jobbers, before selling or
offering for sale in this State any gasoline for the purposes above defined,
shall file with the Commissioner a statement that they desire to do business
in this State, and furnish the name or brand of the gasoline which they
desire to sell, with the name and address of the manufacturer, producer,
or refiner, and that the gasoline will comply with the requirements of this
chapter.

§ 59.1-152. Collection and analysis of samples.—The Commissioner
shall have power at all times and at all places to have collected samples of
any gasoline offered for sale in this State and have the same analyzed.
§ 59.1-153. Methods of making inspection.—In making any inspec-
tions of gasoline under this chapter, the Commissioner shall follow the
“properties and tests” for motor gasoline of the Federal Specifications
Board, as the same now are or may be hereafter amended, and shall make
such inspection in accordance with the methods prescribed and established
by such Board. For cause after hearing, such specifications can be
amended by the Board of Agriculture and Commerce, provided that before
such changes are effective ninety days’ notice shall be given in writing to
all companies reporting the sale of gasoline in this State.

§ 59.1-154. Inspection under supervision of Commissioner.—Inspec-
tion of such gasoline shall be under the direction of the Commissioner.

§ 59.1-155. Prohibiting sale of defective gasoline.—The Commissioner
may prohibit the sale of gasoline that does not meet the specifications as
provided in this chapter.

§ 59.1-156. Rules and regulations.—The Board of Agriculture and
Commerce may make all necessary rules and regulations for the inspection
of gasoline and lubricating oil and the enforcement of this chapter. It shall
be the duty of the Commissioner to publish at least annually in a bulletin
of the Department of Agriculture and Commerce the rules and regulations
established for the purpose of carrying into effect the provisions of this
chapter.

§ 59.1-157. Complaints to Commissioner as to quality of gasoline.—
Whenever a complaint is made to the Commissioner in regard to the quality
of any gasoline sold in this State, he shall cause a sample of the gasoline
complained of to be procured and shall have the same thoroughly analyzed
and tested to determine whether or not it conforms to the properties and
tests of the Federal Specifications Board as they may be amended by the
Board of Agriculture and Commerce under the provisions of this chapter,
or is as represented by the dealer. If the analysis or other tests show that
the gasoline is not as represented or that it does not meet the properties
and tests of the Federal Specifications Board as may be amended as herein
provided by the Board of Agriculture and Commerce, its sale shall be
forbidden, and a report of the result or results of such analysis or tests
shall be sent to the party making the complaint, to the dealers offering such
gasoline or fuel oil for sale, and to the manufacturer thereof.

§ 59.1-158. Requirements and regulations as to delivery of gasoline.—
Every person delivering at wholesale or retail gasoline in this State shall
deliver the same to the purchaser only in tanks, barrels, casks. cans or
other containers having the word “gasoline”, in English, plainly sten-
ciled or labeled thereon, to meet the requirements and regulations adopted
by the Board of Agriculture and Commerce under this chapter, except that
where gasoline is delivered in bulk from tank wagons the cans used in such
deliveries may be painted red and the word “gasoline” need not be stenciled
thereon, and except, further, that where deliveries of gasoline are made in
tank wagons having more than one compartment it shall only be necessary
that the spigot on the pipe leading from the gasoline compartments shall
have attached thereto a tag with the word “gas” in English plainly stenciled
thereon. Such dealer shall not deliver gasoline in any barrels, casks, cans,
tank wagons, or other containers, which have not been stenciled, painted or
labeled as hereinbefore provided.

Every person purchasing gasoline for sale shall procure and keep
the same only in tanks, barrels, casks, cans or other containers stenciled
or labeled as hereinbefore provided.

Nothing in this section shall prohibit the delivery of gasoline by
hose or pipe from a tank directly into the tank of any automobile or any
other motor vehicle.
When gasoline is sold in bottles, cans or packages of not more than
one gallon for cleaning and other similar purposes, the label shall also
bear the words “unsafe when exposed to heat or fire’.

§ 59.1-159. Test for misbranding or adulteration.—The Commissioner
may inspect, sample, analyze and test liquid fuels, lubricating oils, and
similar products for the purpose of determining whether such products are
misbranded and/or adulterated within the meaning of the law intended to
prevent fraud and misrepresentation in the sale of such liquid fuels, lubri-
Ane oils and similar products, and to prevent adulteration of any of such
products.

§ 59.1-160. Submission of substitutes to Commissioner; labels.—All
materials, fluids or substances offered or exposed for sale purporting to
be substitutes for motor fuel or improvers thereof shall be submitted to
the Commissioner for examination and inspection, and shall only be sold
or offered for sale when properly labeled with a label.

§ 59.1-161. Duties of inspectors.—The inspectors in the employ of
the Department of Agriculture and Commerce shall, in addition to the
duties now imposed, make inspections of gasoline as herein required under
the supervision of the Commissioner. Such inspectors shall, as directed,
collect samples of gasoline offered for sale in this State and send the same
to the Commissioner for examination. Additional inspectors may be
employed by the Commissioner to inspect filling stations for the purpose of
carrying out the provisions of this chapter and to perform such other
duties as the Commissioner may direct.

§ 59.1-162. Co-operation by State agencies—The State Highway
Commission and the Division of Motor Vehicles are authorized to co-
operate, as directed by the Governor, with the Commissioner of Agri-
culture and Commerce in carrying out the provisions of this chapter.

§ 59.1-163. Penalty for violation—Any person, firm or corporation
selling or offering for sale gasoline or lubricating oil which does not come
up to the standard provided in this chapter, or violating any of the provi-
sions of the chapter, shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than ten dollars and not more than one
thousand dollars. Any dealer in gasoline who receives gasoline meeting the
requirements of this chapter and who thereafter adulterates any such
gasoline or mixes it with inferior gasoline, so that the resulting product
does not meet the requirements of this chapter, shall be guilty of a
misdemeanor and punished accordingly.

§ 59.1-164. Duty of Commonwealth’s attorney.—It shall be the duty
of the Commonwealth’s attorney of the respective cities and counties to
prosecute all violations of the provisions of this chapter, when certified
to him by the Commissioner.

§ 59.1-165. Chemical analysis as evidence.—A copy of the analysis
of gasoline or lubricating oils, made by a chemist of the Department of
Agriculture and Commerce, when certified to by him, shall be admitted
as evidence in any court of this State in the trial of any proceeding involving
the misbranding or adulteration of such gasoline or lubricating oils.

§ 59.1-166. Enforcement by Commissioner.—It shall be the duty of
the Commissioner, with the approval of the Board of Agriculture and
Commerce, to enforce the provisions of this chapter.

§ 59.1-167. Conflicting local laws and ordinances prohibited.—Cities,
towns, counties and other political subdivisions of this State are pro-
hibited from passing any laws or ordinances relating to the inspection
and testing of the petroleum products named in § 59.1-150 inconsistent
with the provisions of this chapter.
§ 59.1-168. Definitions—As used in this chapter, the following
terms shall have the meaning set forth in this paragraph unless the context
requires a different meaning:

a. Pressure vessel—every high-pressure boiler, low-pressure boiler,
miniature boiler, and unfired pressure vessel.

b. Boiler—a pressure vessel and associated contiguous components
in which a fluid is vaporized by the application of heat resulting from
electricity, nuclear energy, or the combustion of materials. Super-
heaters, economizers and other pressure parts directly connected to the
boiler are included, reheaters are included.

ce. High-pressure boiler—a boiler operating at more than fifteen
pounds pressure.

. Low-pressure boiler—a boiler used exclusively for low pressure
steam heating, hot water heating and hot water supply and including:

(1) All steam boilers for operation at not more than fifteen
pounds pressure; ;

(2) Hot water heating and hot water supply boilers for operation
at not more than one hundred sixty pounds pressure and not more than
two hundred fifty degrees Fahrenheit temperature.

e. Miniature boiler—a boiler which does not exceed any of the fol-
lowing limits:

(1) Sixteen inches inside diameter of shell;
lat (2) Five-cubic-foot gross volume, exclusive of casting and insu-
ation;

(3) Twenty square feet of water heating surface;

(4) Operation at one hundred pounds pressure.

f. Unfired pressure vessel—a vessel in which pressure is obtained
from an external source or from an indirect application of heat.

g. Pressure—gauge pressure or the pressure above the atmospheric
expressed in pounds per square inch.

§ 59.1-169. State Corporation Commission authorized to establish
standards and adopt regulations.—The State Corporation Commission is
authorized from time to time to establish official standards and adopt regu-
lations dealing with the manufacture within the State for use in the State,
the sale or other disposition for use in the State, the installation within the
State, of boilers and pressure vessels. All such standards and regulations
shall be designed for the protection of human life and property from unsafe
or dangerous manufacture, sale or other disposition, or installation of any
such boiler or pressure vessel.

§ 59.1-170. Standards not applicable to prior installations.—The
standards adopted shall not apply to boilers and pressure vessels purchased,
installed, or placed in operation prior to the date of adoption of the
standards.

§ 59.1-171. Exceptions.—This chapter shall not apply to:

a. Boilers or unfired pressure vessels under the jurisdiction and in-
spection of the federal government or any agency thereof ;

b. Boilers and unfired pressure vessels used on farms solely for agri-
cultural purposes;

c. Boilers and fired or unfired pressure vessels used in private resi-
dences or apartment houses of less than four apartments;

d. Boilers of railroad companies, ships, boats or other water-borne
vessels;

e. Hot water supply boilers and unfired pressure vessels used as hot
water supply storage tanks heated by steam or any other indirect means
when the following limitations are not exceeded:
(1) A heat output of two hundred thousand B.T.U. per hour;
(2) A water temperature of two hundred degrees Fahrenheit;
all (3) A nominal water-containing capacity of one hundred twenty
gallons.
f. Unfired pressure vessels containing air only located on vehicles or
vessels used for transporting passengers or freight;

g. Unfired pressure vessels containing air only installed on the right
of way of railroads and used directly in the operation of trains;

Unfired pressure vessels with a nominal water-containing capa-
city of one hundred twenty gallons or less for containing water under pres-
sure, including those containing air, the compression of which serves only
as a cushion;

i. Unfired pressure vessels containing air only, providing the volume
does not exceed eight cubic feet or the operating pressure is not greater
than one hundred seventy-five pounds;

j. Unfired pressure vessels having an operating pressure not exceed-
ing fifteen pounds with no limitation on size;

Unfired pressure vessels having an inside diameter not exceeding
six inches with no limitation on pressure;

]. Cylinders and containers meeting the requirements of and used in
accordance with the regulations of the Interstate Commerce Commission;

m. Boilers and pressure vessels used in development or experiment
by any organization or business primarily engaged in research and experi-
mentation;

n. Public service companies operating under the rules and regula-
tions of the State Corporation Commission ;

o. Unfired pressure vessels used as containers for liquefied petroleum
gases and subject to the regulation of the State Corporation Commission
under Chapter 116 of the Acts of 1950;

p. Any manufacturing establishment engaged in the manufacture
of petroleum, chemicals, chemical products or derivatives, or wood pulp, or
the further processing of such petroleum, chemicals, chemical products
or derivatives, or wood pulp;

q. Boilers and pressure vessels covered by liability insurance under a
policy written by an insurance carrier authorized by the State Corporation
Commission to issue policies of insurance covering such matters in Vir-

nia.

§ 59.1-172. Effect upon local ordinances and regulations.—Nothing
in this chapter shall be construed as repealing any valid local ordinance or
regulation now in effect adopted pursuant to general law or charter pro-
vision; provided, however, that if any such ordinance or regulation is less
strict than any standard or regulation promulgated or adopted by the State
Corporation Commission then such ordinance or regulation shall be super-
seded by the applicable standard or regulation of the State Corporation
Commission.

§ 59.1-173. Enforcement of regulations by local authorities.—Regu-
lations adopted under this chapter may be enforced by local authorities.

§ 59.1-174. Hearing prior to adoption of standards by State Cor-
poration Commission.—Before initially adopting any standards or regu-
lations hereunder, the State Corporation Commission shall hold a public
hearing on such proposed standards or regulations.

§ 59.1-175. Publication of standards and regulations; effective date
of regulations.—The standards and regulations adopted by the Commission
under this chapter shall be published by the Commission in a volume
separate from any of its other reports. The standards and regulations thus
adopted and printed shall become effective thirty days after a printed copy
thereof is filed with the clerk of the Commission and shall remain effec-
tive as long as a copy remains on file with such clerk.
§ 59.1-176. Violation of regulations constitutes misdemeanor.—
Whenever any regulation adopted pursuant to this chapter becomes effec-
tive, any person who violates any provision thereof shall be guilty of a
misdemeanor.

CHAPTER 14.
VIRGINIA PAINT LAW.

§ 59.1-177. Short title; purpose.—tThe short title of this chapter is
the Virginia Paint Law.

It is the purpose of this law to prevent deception in the sale of
paint, paint oil and turpentine; and to require true labels and labeling
for the same.

§ 59.1-178. Definitions.—For the purpose of this chapter:

(1) The term “paint” means any substance or mixture or substances,
liquid, powder or paste, intended for use as a protective or decorative
coating on buildings, fences or structures. It shall not include artist colors,
waxes, wood fillers, polishes, stains, plaster, stucco and water-proofing
compounds.

(2) The term “paint oil” means any oil, or mixture of oils and other
liquids, used or intended for use in paint.

(3) The term “turpentine” means gum spirits of turpentine, steam
distilled wood turpentine, sulfate wood turpentine and destructively dis-
tilled wood turpentine in accordance with specifications approved by the
Board of Agriculture and Commerce.

(4) The term “ingredient statement” means a statement of the chem-
ical name and percentage by weight of each ingredient, provided that when-
ever it is not possible or practical to use the chemical name, the Commis-
sioner may approve the use of the other names or terms in the ingredient
statement.

(5) The term “person” means any individual, partnership, association,
corporation, contractor, or organized group of individuals whether
incorporated or not.

(6) The term “Board of Agriculture” or “Board” means the Virginia
Board of Agriculture and Commerce.

(7) The term “Department” means the Department of Agriculture
and Commerce.

(8) The term “Commissioner” means the Commissioner of Agriculture
and Commerce.

(9) The term “registrant” means the person registering pursuant to
the provision of this chapter.

(10) The term “‘label’’ means the written, printed or graphic matter
on, or attached to, the immediate container and the wrapper of the retail
package, if any there be, of the paint, paint oil or turpentine.

(11) The term “labeling” means all labels and other written, printed
or graphic matter—

(a) Upon the paint, paint oil or turpentine or any of its con-
tainers or wrappers;

(b) Accompanying the paint, paint oil or turpentine at any
time; or

(12) The term “misbranded” shall apply—

(a) Toany paint, paint oil or turpentine—

(i) If it is an imitation of or offered for sale under the name of
another article;

(ii) If the package or container or its labeling shall bear any
Statement, design or device regarding the ingredients or substances con-
tained therein, which statement, design or device shall be false or misleading
in any particular ;
chapter; or
(iv) If any word, statement, or other information required by or
under the authority of this chapter to appear on the label is not conspic-
uously placed thereon clearly and distinctly and in the English language.
To any paint—

(i) If the label does not specify the purpose for which the
product is intended ; or

ii) If the label does not contain adequate directions for use.

§ 59.1-179. Prohibited acts.—It shall be unlawful for any person to
distribute, sell or offer for sale within this State or, except with authority
of the Commissioner, to deliver for transportation or transport in intra-
state commerce or between points within this State through any point
outside this State any of the following:

(1) Any paint which is not registered pursuant to the provisions
of § 59.1-66 of the Code of Virginia, or any paint, if any of the claims
made for it or any of the directions for its use differ in substance from
the representations made in connection with this registration; or if the
composition of a paint differs from its composition as represented in
connection with its registration.

Any paint unless it is in the registrant’s or the manufacturer’s
unbroken immediate container and there is affixed to such container, and
to the wrapper of the retail package, if there be one, a label bearing

(a) The name and address of the manufacturer, registrant, or per-
son for whom manufactured;

The name, brand, or trademark under which said article is sold;

(d) Aningredient statement.

(3) <Any paint, paint oil, or turpentine which is misbranded.

(4) Any paint oil or turpentine unless the container in which it
is sold or from which the paint oil or turpentine is dispensed has affixed
thereto a label bearing

(a) The name and address of the manufacturer or person for whom
manufactured ;

(b) Thename or brand under which said article is sold;

(d) Aningredient statement.

§ 59.1-180. Further prohibited acts.—It shall be unlawful:

(1) For any person to detach, alter, deface or destroy, in whole
or in part, any label or labeling provided for in this chapter or the rules
and regulations promulgated hereunder, or to add any substances to, or
take any substances from a paint, paint oil or turpentine in a manner
that may defeat the purpose of this chapter;

(2) For any manufacturer, distributor, dealer, carrier, or other
person to refuse, upon a request in writing specifying the nature or kind
of paint, paint oil or turpentine to which such request relates, to furnish
to or permit any persons designated by the Commissioner to have access
to and copy such records of business transactions as may be essential
in carrying out the purposes of this chapter;

(3) For any person to oppose or interfere in any way with the Com-
missioner or his duly authorized agents in carrying out the duties im-
posed by this chapter; and

(4) For any person charged with the enforcement of this chapter
to be directly or indirectly connected with or financially interested in the
sale, manufacture or distribution for sale of any paint, paint oil or tur-
pentine.

§ 59.1-181. Injunction.—In addition to the remedies herein provided,
the Commissioner of Agriculture and Commerce is hereby authorized to
apply to an appropriate court for, and such court shall have jurisdiction
upon hearing and for cause shown to grant a temporary or permanent
injunction restraining any person from violating any provisions of
§§ 59.1-179 or 59.1-180 of this chapter irrespective of whether or not there
exists an adequate remedy at law.

§ 59.1-182. Registration—The name and address of the manufac-
turer whose name appears on the label, or the name and address of the
person whose name appears on the label, if other than the manufacturer,
of every paint which is distributed, sold or offered for sale within this
State, or delivered for transportation or transported in intrastate com-
merce or between points within this State through any point outside this
State shall be registered annually with the Commissioner upon forms
furnished by the Commissioner. All registrations shall expire on the
thirtieth day of June following date of issuance, unless such registration
shall be renewed annually, in which event expiration date shall be ex-
cio a for each year of renewal registration or until otherwise termin-
ated.

The registrant shall file with the Commissioner:

(1) A statement including the name and address of the registrant,
the name and address of the person whose name will appear on the label,
if other than the registrant, and the name of the paint;

(2) Acomplete copy of the label accompanying the paint;

(3) In the case of renewal of registration, a statement shall be
required only with respect to information which is different than that
furnished when the paint was registered or last reregistered.

The Commissioner is authorized and empowered to refuse to register,
or to cancel the registration of, any paint upon satisfactory proof that
the registrant has been guilty of fraudulent and deceptive practices in the
evasion or attempted evasions of the provisions of this chapter or any
rules and regulations promulgated thereunder; provided, that no regis-
tration shall be revoked or refused until the registrant shall have been
given a hearing by the Commissioner.

§ 59.1-183. Determination; rules and regulations; uniformity.—The
Commissioner is authorized: (1) To effect the collection and examination
of samples of paint, paint oil or turpentine to determine compliance with
the requirements of this chapter; and he shall have the authority at all
reasonable hours to enter into any car, warehouse, store, building, boat,
vessel or place supposed to contain paint, paint oil or turpentine, for
the purposes of inspection or sampling and to procure samples for analysis
or examination from any lot, package or parcel of paint, paint oil or
turpentine; and

(2) To publish from time to time, in such forms as he may deem
proper, information concerning the sale of paint, paint oil or turpentine,
together with such data on their production and use as he may consider
advisable, and reports of the results of the analyses based on official
samples of paint, paint oil or turpentine sold within the State.

The Board of Agriculture and Commerce is authorized to prescribe,
after public hearing following due public notice, such rules and regula-
tions relating to the sale and distribution of paint, paint oil or turpentine
as it may find necessary and proper in its judgment to best carry out the
purpose of this chapter.

In order to avoid confusion resulting from diverse requirements,
particularly as to labeling of paint, paint oil or turpentine, and to avoid
increased costs to the people of the State due to the necessity of comply-
ing with diverse requirements in the manufacture and sale of paint, paint
oil or turpentine, the Board of Agriculture and Commerce and the Com-
missioner are authorized and empowered to co-operate with and enter
into agreement with, any other agency of this State or other states
or agencies of the United States, and cooperate with any agency for the
purpose of carrying out the provisions of this chapter and securing unl-
formity of regulations.

§ 59.1-184. Violations.—If it shall appear from the examination or
evidence that any of the provisions of this chapter or the rules and
regulations issued thereunder have been violated, the Commissioner may
cause notice of such violations to be given to the registrant, distributor,
or possessor from whom said sample or evidence was taken. Any party
so notified shall be given an opportunity to be heard under such rules
and regulations as may be prescribed by the Board of Agriculture and
Commerce. If it appears after such hearing that there has been a suf-
ficient number of violations of this chapter or the rules and regulations
issued thereunder, the Commissioner may certify the facts to the proper
prosecuting attorney and furnish that officer with a copy of the results
of the examination of such sample duly authenticated by the analyst or
other officer making the examination under the oath of such analyst or
Officer. It shall be the duty of every attorney for the Commonwealth to
whom the Commissioner shall report any violation of this chapter to cause
proceedings to be prosecuted without delay for the fines and penalties in
such cases. Any person convicted of violating any provision of this chapter
or the rules and regulations issued thereunder shall be adjudged guilty
of a misdemeanor and shall be punished in the discretion of the court.

_ Nothing in this section shall be construed as requiring the Com-
missioner to report for the institution of proceedings under this chapter,
minor violations of this chapter, whenever the Commissioner believes that
the public interest will be adequately served in the circumstances by a
suitable written notice or warning.

: 59.1-185. Exemptions.—The penalties provided for violations of
§ 59.1-63 of this chapter shall not apply to:

_ (1) Any carrier while lawfully engaged in transporting a paint,
paint oil or turpentine within this State, if such carrier shall, upon request,
permit the Commissioner or his designated agent to copy all records show-
ing the transaction in and movements of the articles;

(2) Public officials of this State and the Federal Government en-
gaged in the performance of their official duties;

(3) Any person who shall sell paint through agreement to any
manufacturer, industrial plant, or agents of the Federal Government,
State of Virginia or subdivisions thereof or public service corporation
for direct use; provided,

(a) That evidence concerning such sale is furnished the Commis-
sioner upon request and,

(b) That the paint is not exposed for sale, offered for sale or sold
to the general public;

(4) Any person who establishes a guaranty signed by. and con-
taining the name and address of, the registrant or person residing in the
United States from whom he purchased and received in good faith the
paint in the same unbroken package, to the effect that the paint was
lawfu'ly registered at the time of sale and delivery to him, and that it
complies with the other requirements of this chapter, designating this
chapter. In such case the guarantor shall be subject to the penalties which
would otherwise attach to the person holding the guaranty under the
provisions of this chapter.

§ 59.1-186. “Stop-sale” orders.—It shall be the duty of the Com-
missioner to issue and enforce a written or printed “stop-sale, use or
removal” order to the owner or custodian of any lot of paint, paint oil
or turpentine and to hold at a designated place when the Commissioner
finds said paint, paint oil or turpentine is being offered or exposed for
sale in violation of any of the provisions of this chapter until this chapter
has been complied with and said paint, paint oil or turpentine is released
in writing by the Commissioner or said violation has been otherwise
legaliy disposed of by written authority; provided that the owner or
custodian of such paint, paint oil or turpentine shall have the right to
appeal from such order to a court of competent jurisdiction in the county
or city where the said paint, paint oil or turpentine is found, praying
for a judgment as to the jurisdiction of said order, and for the dis-
charge of such paint, paint oil or turpentine from the order prohibiting
the sale in accordance with the findings of the court; and provided
further that the provisions of this section shall not be construed as
limiting the right of the enforcement officer to proceed as authorized by
other provisions of this chapter. The Commissioner shall release the
paint, paint oil or turpentine so withdrawn when the requirements of the
provisions of this chapter have been complied with and upon payment
of all costs and expenses incurred in connection with the withdrawal.

§ 59.1-187. Seizure, condemnation, and sale.—Any lot of paint, paint
oil or turpentine not in compliance with the provisions of this chapter
shall be subject to seizure on complaint of the Commissioner to a court
of competent jurisdiction in the area in which said paint, paint oil or
turpentine is located. In the event the court finds the said paint, paint oil
or turpentine to be in violation of this chapter and orders the condemna-
tion of said paint, paint oil or turpentine, it shall be disposed of in any
manner consistent with the quality of the paint, paint oil or turpentine
and the laws of the State; provided, that in no instance shall the disposi-
tion of said paint, paint oil or turpentine be ordered by the court without
first giving the claimant an opportunity to apply to the court for the
release of said paint, paint oil or turpentine or for permission to process
or relahel said product to bring it into compliance with this chapter.

§ 59.1-188. Delegation of duties.—All authority vested in the Com-
missioner by virtue of the provisions of this chapter may with like
force and effect be executed by such employees of the Department of
Agriculture and Commerce as the Commissioner may from time to time
designate for said purpose.

CHAPTER 15.
| STORAGE BATTERIES.

§ 59.1-189. Labels and stamps required.—No storage batteries in-
tended for use in connection in any manner with the operation of any
machine. motor, radio or any mechanical device or in connection with the
production of any artificial light shall be sold or offered for sale in this
State unless there is permanently affixed to such batteries a label or
stamp showing the name and address of the manufacturer, date on which
the manufacture of such battery was completed, the size of the container
and whether the container is made of rubber or a composition, the number
and thickness of plates in each cell, the name of the material used as
a filler for the grids in the plate, the kind of woods, or other materials
used as separators between the plates.

§ 59.1-190. “Rebuilt” batteries.—To every storage battery which has
been rebuilt and offered for sale in this State, there shall be, in addition
to the label or stamp required by the preceding section, permanently
affixed to the container and above label or stamp required by the preced-
ing section, the word “rebuilt”, together with the name and address of
the person, firm or corporation rebuilding such battery.

§ 59.1-191. Penalty for violation.—Any person, firm or corporation
violating any of the provisions of this chapter shall be deemed guilty of
a misdemeanor, and upon conviction thereof shal] be fined not more than
two hundred and fifty dollars, or punished by imprisonment in jail for
not more than six months or by both fine and imprisonment.
PURCHASE OF LIVESTOCK FROM UNKNOWN PERSON.

§ 59.1-192. “Person” defined.—As used in this chapter the term
“person” shall mean any individual, partnership, corporation, or other
firm or association.

§ 59.1-193. Record to be kept by purchaser of livestock delivered
by motor vehicle.—It shall be unlawful for any dealer in or slaughterer
of livestock to purchase any cattle, sheep, swine or other livestock from
any person who is not personally known by the purchaser and who delivers
such livestock to the purchaser by means of a motor truck or other motor
vehicle, unless such purchaser shall first record the name and address
of the person from whom such purchase is made, the date of the purchase,
the license plate numbers of such truck or vehicle, the State where the
same is registered, and a general description of the livestock purchased,
including the kind purchased, whether cattle, sheep, swine or other
livestock, the number purchased and the approximate weight of the live-
stock in each lot purchased.

§ 59.1-194. Record available for inspection.—The purchaser shall
keep such record for a period of at least six months from the date of
purchase. Every such purchaser shall also keep such record available
for inspection by the law enforcement officers of the State and the coun-
ties, cities and towns thereof, and shall exhibit it to such officers upon
their lawful demand.

§ 59.1-195. Penalty for violation—Any person who shall violate
any provision of this chapter shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished, for each offense, by a fine of not less
than ten nor more than one hundred dollars.

4. That the Code of Virginia be amended by adding in Title 15.1 thereof
sections numbered 15.1-523, 15.1-524 and 15.1-525, as follows:

§ 15.1-523. Authority to tax and regulate dealers.—The governing
body of any county may impose a license tax of not more than twenty-five
dollars on persons engaged in the business of selling pistols and revolvers
to the public.

§ 15.1-524. Reports of sales.—The governing body of any county
may require sellers of pistols and revolvers to furnish the clerk of the
circuit court of the county, within ten days after sale of any such weapon,
with the name and address of the purchaser, the date of purchase, and the
number, make and calibre of the weapon sold. The clerk shall keep a
record of the reports.

§ 15.1-525. In certain counties.—Chapter 297 of the Acts of 1944,
approved March 29, 1944, requiring permits to sell or purchase pistols or
revolvers in any county having a density of population of more than one
thousand a square mile, is continued in effect.

5. All acts and parts of acts, all sections of the Code of Virginia, and all
provisions of municipal charters inconsistent with the provisions of this
act are, except as otherwise provided, repealed to the extent of such
inconsistency.

6. The repeal of Title 59 effective as of October 1, 1968, shall not affect
any act or offense done or committed, or any penalty or forfeiture incurred,
or any right established, accrued or accruing on or before such date, or any
prosecution, suit or action pending on that date. Except as in this act
otherwise provided, neither the repeal of Title 59 of the Code of Virginia
nor the enactment of Title 59.1 shall apply to offenses committed prior to
October 1, 1968, and prosecutions for such offenses shall be governed by
the prior law, which is continued in effect for that purpose. For the
purposes of this act, an offense was committed prior to October 1, 1968,
if any of the essential elements of the offense occurred prior thereto.
7. Whenever in Title 59.1 any of the conditions, requirements, provisions
or contents of any section, article or chapter of Title 59, as such title
existed prior to October 1, 1968, are transferred in the same or in modified
form to a new section, article or chapter of Title 59.1, and whenever any
such former section, article or chapter of Title 59 is given a new number
in Title 59.1, all references to any such former section, article or chapter
of Title 59 appearing elsewhere in the Code of Virginia than in Title 59.1
shall be construed to apply to the new or renumbered section, article or
chapter containing such conditions, requirements, provisions or contents
or portions thereof.

8. It is the intention of the General Assembly that this act shall be
liberally construed to effect the purposes set out herein, and if any clause,
sentence, paragraph or section of this act shall ever be declared unconsti-
tutional, it shall be deemed severable, and the remainder of this act shall
continue in full force and effect.

9. This act shall become effective on October 1, 1968.

Volume 1968 Law 438

An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.

Volume 1968 Law 99

Law Body