Chap. 280.—An ACT to amend and re-enact section 5189 of the Code of Vir-
ginia, as amended by an act approved September 5, 1919, [H B 203)

Approved March 19, 1920.

Sec. 5189. Reservation of title to, and liens on, goods and chattels
sold, to be void as to creditors, and purchasers for value, unless in
writing and docketed.—Every sale, or contract for the sale of goods
and chattels, wherein the title thereto, or a lien thereon, is reserved,
until the same be paid for, in whole or in part, or the transfer of title
is made to depend on any condition, where possession is delivered to
the vendee, shall, in respect to such reservation and condition be void
as to creditors of the véndee who acquire a lien upon the goods and
as to purchasers from the vendee, for value, without notice, from such
vendee unless such sale or contract be evidenced by writing, signed
by the vendor and the vendee, setting forth the date thereof, the
amount due, when and how payable, a brief description of the goods
and chattels, and the terms of the reservation or condition; and until
and except from the time a memorandum of said writing, setting forth
the name of the vendor and vendee. the date thereof, the amount due
thereon when and how payable, and a brief description of said goods
and chattels is within five days after the delivery of the goods to the
vendee. filed for docketing with the clerk of the county or corporation,
where deeds are admitted to record, as provided by law. in which said
goods and chattels mav be, and it shall be the duty of such clerk to
endorse on such contract the words “memorandum filed and docketed”
together with the day and hour of such filing with the signature of
the clerk affixed thereto; or. if, such goods and chattels consist of
locomotives, cars, or other rolling stock, equipments, or personal prop-
ertv of any description to be used in or about the operation of anv
railroad, operating ‘as a public service corporation, until and except
from the time the said writing is duly docketed in the clerk’s office
of the county, or the corporation, where deeds are admitted to record,
as provided by law, wherein the principal office, in this State. of the
companv operating such railroad is located. and a copy of said writ-
ing be filed in the office of the State cornoration commission, and.
each locomotive, car, or other piece of rolling stock, be plainly and
permanently marked with the name of the vendor, on both sides
thereof. followed by the word “owner.”

It shall be the dutv of the clerk to docket the writings mentioned
herein, in a well bound book, to be called the “conditional sales hook.”
and to index the same, thereon. alphabetically, in the name of both
the vendor and vendee, for which service he may charge a fee of
twenty-five cents; except in case of public service corporations. he
may charge a fee not exceeding fifty cents; but no tax shall be
charged thereon.

By reason of the fact that the Code of nineteen hundred and nine-
teen was not evervwhere available before it became effective, and that
many such writings have been docketed as the law renuired before
said Code of nineteen hundred and nineteen became effective, such
writings as have been so docketed between the thirteenth dav of Janu-
ary, nineteen hundred and twenty, and the date this act becomes
effective, both inclusive, are hereby declared to be valid and of full
force and effect.

2. All acts or parts of acts in conflict herewith, are hereby re-
pealed. |

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