Chap. 406.—An ACT for the relief of Mrs. T. FE. Allen and Miss Clara Allen.
{[S B 22]

Approved March 23, 1928

Whereas, in the year nineteen hundred and twenty-seven, one Earl
Bookman, while engaged as an employee of the State highwav com-
mission, in driving a motor truck belonging to said commission and
on its business, and at the same time, being under the influence of
intoxicants, drove said truck into and upon the automobile of Mrs.
T. E. Allen, in the village of Midlothian, in the county of Chesterfield,
without any fault on her part, as a result of which, her said auto-
mobile was almost entirely demolished, and she and her daughter,
Miss Clara B. Allen, were seriously and painfully injured, by reason
whereof, she was confined to her bed, under the care of a physician,
for a period of eight weeks and five days, at a very considerable ex-
pense, by reason of all of which, they, the said Mrs. T. E. Allen and
Miss Clara Allen sustained damages to the amount of one thousand
dollars ; and

Whereas, the said Earl Bookman was arrested for so operating said
motor truck on the public roads, while intoxicated, and lodged in
toried, sealed, and placed in one of the general safes or boxes of the
company, bank, trust company, or other corporation.

Upon the expiration of sixty days from the date of mailing such
notice, and the failure within said period of time of the renter or
lessee in whose name the safe or box stands on the buoks of the
company, bank, trust company, or other corporation, to pay the amount
due for the rental thereof to the time of payment, together with legal
interest thereon, the company, bank, trust company, or other cor-
poration may, in the presence of a notary public not in its employ,
and of its president or any vice-president, assistant secretary or as-
sistant treasurer, secretary or treasurer, cashier or assistant cashier,
cause such safe or box to be opened, and the contents thereof, if any,
to be removed, inventoried and sealed up by such notary public in a
package, upon which the notary shall distinctly mark the name of the
renter or lessee in whose name the safe or box stood on the books of
the company, bank, trust company or other corporation, and the date
of removal of the property, and when such package has been so
marked for identification by the notary public, it shall, in the presence
of any one of the above-named officers of the company, bank, trust
company or other corporation, be placed by a notary public not in
the employ of the company, bank, trust company or other corporation,
in one of the general safes or boxes of the trust company, at a rental
not to exceed the original rental of the safe or box which was opened,
and shall remain in such general safe or box for a period of not less
than two years, unless sooner removed by such renter or lessee; and
the notary public shall thereupon file with the company, bank, trust
company, or other corporation, a certificate, under seal, which shall
fully set out the date of the opening of such safe or box, the name of
the renter or lessee in whose name it stood and a list of the contents,
if any. Such certificate shall be sworn to by such notary public and
shall be prima facie evidence of the facts therein set forth in all pro-
ceedings at law and in equity wherein evidence of such facts would
be competent. A copy of such certificate shall, within ten days there-
after, be mailed to the renter or lessee in whose name the safe or box
so opened stood on the books of the company, bank, trust company,
or other corporation, at his, their or its last known postoffice address.
in a securely closed, postpaid, registered letter, together with a notice
that the contents will be kept, at the expense of such renter or lessee,
in a general safe or box in the vaults of the company, bank, trust com-
pany, or corporation, for a period of not less than two years, unless
sooner removed by such renter or lessee. At any time after the mailing
of such certificate and notice. and before the expiration of two years,
such renter or lessee may require the delivery of the contents of the
safe or box as shown bv said certificate, upon the payment of all rentals
due at the time of opening the safe or box, the cost of opening the safe
or box, the fees of the notary public for issuing his certificate thereon,
and the payment of all charges accrued during the period the contents
remained in the general safe or box of the company, bank, trust com-
pany, or other corporation, together with legal interest on such rentals,
costs, fees, and charges. After the expiration of the two years from
the time of mailing the certificate lterein provided for, if such renter
or lessee has not obtained delivery of such contents as aforesaid, the
company, bank, trust company or other corporation shall mail in a
securely closed, postpaid, registered letter, addressed to such renter or
lessee at his, their or its last known postoffice address, a notice stating
that two years have elapsed since the opening of the safe or box and the
mailing of a certificate thereof, and that the company, bank, trust com-
pany, or other corporation will sell all the property or articles of value
set out in said certificate at 1 time and place stated in such notice,
not less than sixty days after the time of mailing such notice, and stating
the amount which shall have then become due for rental, up to the
time of opening such safe or box, the cost of opening the same and the
further cost of safekeeping of its contents for the period since the
opening of the safe or box. Unless such renter or lessee shall pay on
or before the day mentioned all said sums, and all the charges accruing
to the time of payment, together with legal interest on said sums and
charges, the company, bank, trust company, or other corporation may
sell all the property or articles of value set out in said certificate for
cash, at public auction, at the time and place stated in said notice, pro-
vided a notice of the time and place of sale has been published twice
not more than twenty (20) days prior to the sale, in a newspaper pub-
lished in the city, town, or county where the sale is held, or, if there be
no such newspaper published in such city, town or county, then in a
newspaper published in the city, town, or county nearest thereto having
such newspaper. From the proceeds of the sale, the company, bank,
trust company, or other corporation, shall deduct all its charges, as
stated in said notice, together with any further charges that shall
have accrued since the mailing thereof, including reasonable expenses
for notices, advertising and sale, together with legal interest on all
such charges. The balance, if any, of such proceeds, shall be deposited
to the credit of such renter or lessee, and the same shall be paid to
such renter or lessee, his, their or its assignee, or legal representative,
on demand and satisfactory evidence of identity. The company, bank,
trust company or other corporation shall be liable to such renter or
lessee for interest on any balance so deposited at the rate of three
per centum per annum.

Whenever the contents of any such safe or box, so opened, shall
consist either wholly or in part of documents or letters or other papers
of a private nature, or articles having a precium affectionis such docu-
ments, letters, papers or articles shall not be sold, but shall be retained
by the company, bank, trust company or corporation but without
liability. ,

The provisions of this section shall not preclude any other remedy
by action or otherwise now existing for the enforcement of the claims
of such company, bank, trust company, or other corporation, against
the person, partnership, or corporation in whose name such safe or
1036 ACTS OF ASSEMBLY [va.

box stood, nor bar the right of such company, bank, trust company,
or other corporation, to recover so much of the debt due it as
shall not be paid by the proceeds of the sale of the property deposited
with it.

In any case where such company, bank, trust company, or other
corporation, shall have heretofore or hereafter received for safekeep-
ing from any person, partnership, or corporation, any package or box
to be stored in its general vault, and the rental for such storage shall
have heretofore or hereafter remained unpaid for a period of three
years, such company, bank, trust company, or other corporation, shall
have the right to.open such package or box and to have the contents
thereof inventoried, upon compliance substantially with the procedure
as to witnesses, notices, and certificates, hereinbefore provided. with
reference to the opening of any safe deposit vault or box. Should
the rental or other charges for the safekeeping of such package or box
and the charges incident to the opening of the same remain unpaid
for a period of two years from the date of such opening, the contents
thereof may be sold upon compliance substantially with the procedure
hereinbefore provided for the sale of the contents of any safe deposit
vault or box, and the proceeds of such sale shall be treated in the
same manner hereinbefore provided for the treatment of the proceeds
of sale of the contents of any safe deposit vault or box.