Chap. 162.—An ACT to authorize the sale at public auction of unclaimed baggage
and other personal property in possession of a hotel under certain conditions
and after certain notice, to require the payment of any surplus proceeds of
such sale into the literary fund of the Commonwealth when the owner fails ta
apply therefor, and to provide under certain conditions for the recovery of
such surplus proceeds by the former owner. [SB 73)

Approved March 9, 1940

1. Beit enacted by the General Assembly of Virginia, as follows:

Section 1. Whenever any baggage or other personal property is
being held by a hotel pursuant to the lien granted by section sixty-
four hundred and forty-four of the Code of Virginia, or where such
baggage or other personal property has been voluntarily checked
with a hotel, such baggage and other personal property may be sold
at public auction for cash after it has been so held or checked and has
remained unclaimed for more than sixty days, provided that before
such sale is held written notice of such sale stating the date and place
thereof and a brief description of such baggage or other personal
property and the name of the owner thereof, if known, and the amount
of the charges, if any, against the same, is sent by registered mail to
such owner, if known, at his last known address, if known, at least
ten days prior to such sale, and provided that such notice is publicly
posted in the lobby of such hotel at least ten days prior to such sale.

Section 2. Such baggage or other personal property shall be
withdrawn from sale and released to the owner thereof upon pay-
ment to such hotel, at any time prior to such sale, of the debt or
charges, if any, against the same, with legal interest thereon and the
expenses incurred in preparation for such sale prior to such payment.

Section 3. The proceeds of such sale shall be applied to the ex-
penses of such sale, including the expense of said notices, and to the
satisfaction of the debt or charges, if any, with legal interest against
such baggage or other personal property. The surplus, if any, shall
be paid by the hotel to the owner of such baggage or other personal
property, upon written application filed with such hotel by said
owner within thirty days after such sale. If no such application is
so filed, then such hotel shall pay over such surplus to the Treasurer
of the Commonwealth, who shall credit the same to the literary fund.
Compliance by a hotel with the provisions of this act shall be a com-
plete bar and defense to any claim that may thereafter be made by
anyone against such hotel on account of said baggage or other personal
property.

Section 4. At any time within ten years after the payment into
the State treasury of the surplus proceeds of any such sale under the
provisions of this act, the former owner or owners of the property so
sold, upon evidence of such ownership satisfactory to the Comptroller,
shall be paid the principal amount of such surplus proceeds so paid
into the State treasury out of any moneys held in reserve on the books
of the Division of Accounts and Control for the benefit of the literary
fund upon warrant of the said Comptroller. If any such claim be
disallowed in whole or in part by the Comptroller, it may be re-
covered in the manner and subject to the conditions and limitations
provided in chapter one hundred and three of the Code of Virginia
for recovering claims against the Commonwealth.