Chap. 495.—An ACT to amend and re-enact sections 5523, 5524, and 5525 of
the Code of 1919. [H B 42]
Approved March 28, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions fifty-five hundred and twenty-three, fifty-five hundred and
twenty-four, and fifty-five hundred and twenty-five of the Code of
Virginia be amended and re-enacted so as to read as follows:

Section 5523. On what goods levied.—The distress may be levied
on any goods of the lessee, or his assignee, or undertenant, found on
the premises, or which may have been removed therefrom not more
than thirty days. <A levy within such thirty days shall have like
effect as if the goods levied on had not been removed from the leased
premises. If the goods of such lessee, assignee, or undertenant,
when carried on the premises, are subject to a lien, which is valid
against his creditors, his interest only in such goods shall be liable to
such distress. If any lien be created thereon while they are upon
the leased premises, or within thirty days thereafter, they shall be
liable to distress, but for not more than six months’ rent, whether it
shall have accrued before or after the creation of the lien. No
other goods shall be liable to distress than such as are declared to
be so liable in this section, nor shall tbe goods tof the undertenant
be liable to a greater amount than such undertenant owed the tenant
at the time the distress was levied.

Section 5524. When goods not to be removed without paying six
months’ rent; lien for taxes, levies, and militia fines not affected.—
If, after the commencement of any tenancy, a lien be obtained or cre-
ated by deed of trust, mortgage, or otherwise, upon the interest or
property in goods on premises leased or rented, of any person liable
for the rent, or the said goods be sold, the party having such lien,
or the purchaser of such goods, may remove them from the premises
on the following terms, and not otherwise, that is to say: On the
terms of paying to the person entitled to the rent so much as is in
arrear, and securing to him so much as is to become due, what 1s
so paid or secured not being more altogether than six months’ rent
in any case. If the goods be taken under legal process, the officer
executing it shall, out of the proceeds of the goods, make such pay-
ment of what is in arrear; and as to what is to become due, he shall
sell a sufficient portion of the goods on a credit till then, taking
from the purchasers bonds, with good security, payable to the per-
son so entitled, and delivering such bonds to him. If the goods be
not taken under legal process, such payment and security shall be
made and given before their removal. Neither this nor the preced-
ing section shall affect any lien for taxes, levies, or militia fines.

Section 5525. When goods of an undertenant may be removed
from leased premises.—The preceding section is subject to the fol-
lowing limitations: An undertenant, or a purchaser from him, or
a creditor holding a deed of trust, mortgage, or other encumbrance
created on his goods after they were carried on the leased premises,
may remove the same upon payment of so much of the rent con-
tracted to be paid by him as is in arrear, and securing the residue,
not exceeding six months’ rent; and if the goods be taken under
legal process against him, the officer executing the same shall, out
of the proceeds of his goods, make payment of so much of the rent
as to which he is in arrear, and as to what is to become due from
him, shall sell sufficient of the goods upon credit until then, taking
from the purchasers bonds with good security, payable to the party
entitled to receive the same, and deliver them to him. Provided, that
nothing contained in this act shall apply to farm lands that are rented
for agricultural purposes.