CHAPTER 605

An Act to amend and reenact § 48-84, as amended, of the Code of Virginia,
relating to enforcement of certain liens, and to provide for certain
effects thereof by amending and reenacting §§ 46.1-56, 46.1-88, and
46.1-98 as amended, of the Code of Virginia, relating to certificates
of title of motor vehicles.

[H 795]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 43-34, as amended, 46.1-56, 46.1-88, and 46.1-93 as amended,
of the Code of Virginia be amended and reenacted as follows:

3 43-34. Enforcement of liens acquired under three preceding sec-
tions and of liens of bailees.—Any person having a lien under the three
preceding sections and any bailee, except where otherwise provided, hav-
ing a lien as such at common law on personal property in his possession
which he has no power to sell for the satisfaction of the lien, if the debt
for which the lien exists be not paid within ten days after it is due and the
value of the property affected by the lien does not exceed * stx hundred
dollars, may sell such property or so much thereof as may be necessary,
by public auction, for cash, and apply the proceeds to the satisfaction of
the debt and expenses of sale, and the surplus, if any, he shall pay to the
owner of the property. Before making such sale, he shall advertise the
time, place, and terms thereof, in such manner as to give publicity thereto,
and also give to the owner * notice as hereinafter provided. If such property
be a motor vehicle required by the motor vehicle laws of Virginia to be
registered, the person having such lien shall ascertain from the Commis-
sioner of the Division of Motor Vehicles if the certificate of title of such
motor vehicle shows a lien thereon. If the certificate of title shows a lien
thereon, the bailee proposing the sale of such motor vehicle shall notify
the lien holder of record, by certified mail, at the address on the certificate
of title of the time and place of the proposed sale ten days prior thereto.
If the name of the owner cannot be ascertained, the name of “John Doe”’
shall be substituted in any proceedings hereunder and no written notice
as to him shall be required to be mailed. If the value of the property be
more than * Six hundred dollars but does not exceed * three thousand
dollars, the party having such lien, after giving notice as * herein provided,
may apply by petition to any trial justice of the county or corporation
wherein the property is, or, if the value of the property exceed * three
thousand dollars, to the circuit or corporation court of such county or
corporation, for the sale of the property; and if, on the hearing of the
case on the petition, the defense, if any made thereto, and such evidence
as may be adduced by the parties respectively, the court or trial justice
shall be satisfied that the debt and lien are established and the property
should be sold to pay the debt, such court or court not of record having
civil jurisdiction shall order the sale to be made by the sheriff or sergeant
of the county or corporation, who shall make the same and apply and
dispose of the proceeds in the same manner as if the sale were made under
a writ of fieri facias. If the owner of the property be a resident of this
State, * any notice required by this section may be served in the mode
prescribed by § 8-51. If he be a nonresident or if his address be unknown
it may be served by posting a copy thereof in three public places in the
county or corporation wherein the property is.

Whenever a motor vehicle is sold hereunder, the Division of Motor
Vehicles shall issue a certificate of title and registration to the purchaser
thereof upon his application containing the serial or motor number of the
vehicle purchased together with an affidavit of the lien holder that he has
complied with the provisions hereof, or by the sheriff or sergeant conduct-
ing a sale that he has complied with said order.

Any garage keeper to whom a motor vehicle has been delivered pur-
suant to §§ 46.1-2, 46.1-8 or 46.1-3.2 may after ninety days from the date
of delivery proceed under this section providing that action has not been
taken pursuant to such sections for the sale of such motor vehicle.

§ 46.1-56. When registration or certificate of title refused.—The
Division may refuse to grant an application for the registration of a motor
vehicle, trailer or semitrailer or certificate of title therefor in any of the
following events:

(a) When the applicant therefor is not entitled thereto under the
provisions of this title or Title 48.

__(b) When the applicant has neglected or refused to furnish the
Division with the information required in the appropriate official form
or responsible information required by the Division.

(c) When the fees required therefor by law have not been paid.

(d) When the vehicle is not equipped with proper brakes, proper
lights, proper horn or warning devices, proper mirror, safety glass when
required, muffler, or windshield wiper or proper steering gear, adequate
to insure the safe control of the vehicle or when such vehicle is equipped
with a smoke screen device or is not equipped with a proper electrical or
mechanical device when such device is required by law.

__ (e) When an applicant, if not resident of this State, has not filed
with the Commissioner a power of attorney appointing him the applicant’s
authorized agent or attorney in fact upon whom process or notice may be
served as required in § 46.1-139.

46.1-88. Sale, etc., of vehicle without having certificate of title—
Except as provided in § 48-84, any person who shall sell, trade, exchange
or barter a motor vehicle, trailer or semitrailer in this State without first
having secured a certificate of title therefor or without legally having in
his or her possession a certificate of title therefor issued to the owner
thereof, except as otherwise provided in this title, shall be guilty of a mis-
demeanor and shall be punished as provided in § 46.1-16.

§ 46.1-93. Transfer by operation of law.—Except as otherwise pro-
vided in § 46.1-96 in the event of the transfer by operation of law of the
title or interest of an owner in and to a motor vehicle, trailer or semitrailer
registered under the provisions of this chapter, to anyone as legatee or
distributee or by an order in bankruptcy or insolvency, execution sale,
sales as provided for in § 48-84, repossession upon default in the perform-
ing of the terms of a lease or executory sales contract or otherwise than
by the voluntary act of the person whose title or interest is so transferred,
the transferee or his legal representative shall make application to the
Division for a certificate of title therefor, giving the name and address of
the person entitled thereto, and accompany such application with the
registration card and certificate of title previously issued for the motor
vehicle, trailer or semitrailer, if available, together with such instruments
or documents of authority, or certified copies thereof, as are required by
law to evidence or effect a transfer of title or interest in or to chattels in
such case. The Division shall cancel the registration of the motor vehicle,
trailer or semitrailer and issue a new certificate of title to the person
entitled thereto.