Chap. 409.—An ACT to prevent the fraudulent sale in bulk of merchan-
dise or any portion thereof otherwise than in the ordinary course of
trade, and providing that any sale thereof shall be void as against
creditors, and the purchaser, transferee or assignee and shall be ac-
countable to such creditors for the goods, wares and merchandise so
received by them unless the provisions hereof are complied with; and
to repeal an act to prevent merchants engaged in buying and selling
merchandise, while indebted, from selling their entire stock of mer-
chandise in bulk or selling the major portion otherwise than in the
ordinary course of trade, and to repeal an act of the general assembly,
entitled an act to prevent the fraudulent sale, in bulk, of merchandise,
or any portion thereof, otherwise than in the ordinary course of trade,
approved May 20, 1903, which was approved January 2, att

H. B. 6.)
Approved March 21, 1916.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to prevent the fraudulent sale in bulk of
merchadise, or any portion thereof, otherwise than in ordinary
course of trade be amended and re-enacted so as to read as
follows:

Section 1. The sale, transfer, or assignment, in bulk, of
any part or the whole of a stock of merchandise, or merchan-
dise and the fixtures pertaining to the conducting of said busi-
ness, otherwise than in the ordinary course of trade and in the
regular prosecution of the business of the seller, transferor or
assignor, shall be void as against the creditors of the seller,
transferor, assignor, unless the seller, transferor, assignor and
purchaser, transferee and assignee, shall at least five days be-
fore the sale, make a full detailed inventory, showing the quan-
tity and, so far as possible with the exercise of reasonable dili-
gence, the cost price to the seller, transferor and assignor of
each article to be included in the sale: and unless the purchaser,
transferee and assignee demand and receive from the seller,
transferor and assignor a written list of names and addresses
of the creditors of the seller, transferor and assignor, with the
amount of the indebtedness due or owing to each and certified
by the seller, transferor and assignor, under oath, to be a full,
accurate and complete list of his creditors, and of his indebted-
ness; and unless the purchaser, transferee and assignee shall,
at least five days before taking possession of such merchandise,
or merchandise and fixtures, or paying therefor, notify per-
sonally or by registered mail, every creditor whose name and
address are stated in said list, or of which he has knowledge of
the proposed sale and of the price, terms and conditions thereof.

sec. 2. Sellers, transferors and assignors, purchasers,
transferees and assignees, under this act, shall include corpora-
tions, associations, co-partnerships and individuals. But noth-
ing contained i in this act shall apply to sales by executors, admin-
istrators, receivers, trustees in bankruptcy, or any public officer
under judicial process.

Sec. 8. Any purchaser, transferee or assignee, who shall
not conform to the provisions of this act, shall upon application
of any of the creditors of the seller, transferor or assignor, be-
come a receiver and be held accountable to such creditors for
all the goods, wares, merchandise and fixtures that have come
into his possession by virtue of such sale, transfer or assign-
ment: provided, however, that any purchaser, transferee. o1
assignee, who shall conform to the provisions of this act shal
not be held in any way accountable to any creditors of the seller
transferor or assignor, or to the seller, transferor or assignor
for any of the goods, wares, merchandise or fixtures that hav
come into the possession of said purchaser, transferee, or as
signee by virtue of such sale, transfer or assignment.

2. All acts and parts of acts inconsistent herewith are
repealed.