Chap. 9.—An ACT to amend and re-enact section 6438 of the Code of Virginia

B 10)
Approved February 11, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tion sixty-four hundred and thirty-eight of the Code of Virginia be
amended and re-enacted so as to read as follows:

Sec. 6438. Lien of employees, et cetera, of transportation com-
panies, et cetera, on franchises and property of company.—All con-
ductors, brakemen, engine drivers, firemen, captains, stewards, pilots
clerks, depot or office agents, storekeepers, mechanics, traveling rep-
resentatives or laborers, and all persons furnishing railroad iron
engines, cars, fuel and all other supplies necessary to the operatior
of any railway, canal or othey transportation company, and all clerks
mechanics, traveling representatives and laborers who furnish thei
services or labor to any mining or manufacturing: company, whethe
such railway, canal or other transportation or mining or manufactur
ing company be chartered under or by the laws of this State, or b
chartered elsewhere and be doing business within the limits of thi
State, shall have a prior lien on the franchises, gross earnings anc
on all the real and personal property of said company which is usec
in operating the same, to the extent of the moneys due them by sai
company for such wages or supplies; and no mortgage, deed of trust
sale, hypothecation or conveyance executed since the first day of May
eighteen hundred and eighty-eight, shall defeat or take precedenc
over said lien; provided, however, that the lien secured by this sec
tion to parties furnishing supplies, shall be subordinate to that al-
lowed to clerks, mechanics and laborers for services furnished as
aforesaid; and provided, that if any person entitled to a lien as well
under section sixty-four hundred and twenty-six as under this section,
shall perfect his lien given by either section, he shall not be entitled
to the benefit of the other; and provided, also, that no right to or
remedy upon a lien which has already accrued to any person shall be
extended, abridged or otherwise affected hereby.

2. An emergency existing, this act shall be in force from its
passage.