Chap. 431.—An ACT to amend and re-enact section 2146 of the Code. of Virginia
as heretofore amended. [H 48|

Approved March 21, 1924.

1. Be it enacted by the general assembly of Virginia, That section
twenty-one hundred and forty-six of the Code of Virginia, as heretofore
amended, be amended and re-enacted to read as follows:

Section 2146. Civil liability; seizure of machine; notice; liens.—In
addition to such fine or imprisonment, any person violating any of the
provisions of this chapter, shall be liable for damages actually incurred
by reason of such violation; and the justice issuing the warrant may,
upon deposit of money or property being made, or bond, with sufficient
security, being executed by the complainant in a sum sufficient to cover
any probable damage to the person accused of committing such viola-
tion, require the owner, driver or party in charge of the car, to deposit
with such justice a sum in cash or property sufficient to pay costs and
probable damages, or may require bond, with sufficient security, to pay
such judgment as may be awarded.

If no such deposit is made or bond executed, the machine may be
seized and impounded anywhere in the State, upon order of a justice of
the city or county in which the offense is committed, or damage done,
regardless of whether a criminal prosecution has been instituted or not,
and ordered sold to pay such judgment for damage and costs. Before
any trial shall be had in such proceedings, the owner of such machine
shall have notice of same by publication or otherwise, according to law,
and be allowed an opportunity to make defense; and the driver of the
machine shall be deemed an agent of the owner for the purpose of
serving process. The procedure, pleadings, and trial of the cause shall
be the same as in attachment proceedings under the provisions of the
Code of Virginia of nineteen hundred and nineteen, and acts amendatory
thereof, except that such motor vehicle may be impounded and held
without petition or other writ for a period of not more than two days,
unless otherwise ordered by the court, upon a showing that it is abso-
lutely necessary to hold the same for a longer time to protect the in-
terests of the parties.

But any impounding or seizure of any motor vehicle by virtue of this
act, or sale thereof hereunder, shall be subject to all valid and properly
recorded liens thereon, and such lienor shall not be lable for any costs
incident to the seizure of such motor vehicle.

It shall be a valid defense in all proceedings under this act for the
owner of any such motor vehicle to prove that the said motor vehicle
was being driven or used without his knowledge or consent, express or
implied, but the burden of such proof shall be upon such owner.