An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1954 |
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Law Number | 637 |
Subjects |
Law Body
CHAPTER 637
An Act to provide for the regulation of certain burial contracts whereby
certain property is delivered in exchange for services to be performed
upon death; to require that such property be held in trust; and to
provide a penalty for violation.
(S 267]
Approved April 7, 1954
Be it enacted by the General Assembly of Virginia:
1. § 1. It shall be unlawful for any person, firm or corporation, re-
siding or doing business within this State, to make, either directly or in-
directly by any means, a contract with any person for the final disposition
upon death of his body or of the body of any other person under which,
pursuant to any prearranged funeral plan, personal property will be
delivered upon such death or the professional services of a funeral director
or embalmer will then be furnished or both such personal property and
services will then be delivered and furnished, unless such contract shall be
in writing, signed by the parties thereto, setting forth the date thereof,
the consideration paid or delivered or to be paid or delivered, when and
how payable, and, if money, interest thereon or the income accrued or to
accrue on or from any other such consideration, where to be deposited as
hereinafter provided, and a brief description of the personal property to
be delivered and professional services to be furnished; unless all money
or other consideration paid or delivered and to be paid or delivered under
said contract shall be held in trust as hereinafter provided for the pur-
poses set out in the contract until the obligations of the contract are com-
pletely fulfilled according to its terms or the money or other consideration,
together with all accruals of interest or other income thereon or therefrom,
is refunded to the person who made such payments or delivered such other
consideration or to his personal representatives by mutual consent of the
parties or their personal representatives; and unless such contract shall
be acknowledged in the manner provided by law for the acknowledgment of
deeds and shall be filed for docketing with the clerk by whom deeds are
admitted to record, as provided by law, of the county or corporation in
which the person, firm or corporation undertaking to deliver such personal
property or furnish such services has his or its principal place of business
in this State, and with such clerk of the county or corporation in which
resides the person for the final disposition of whose body at death the
contract provides, and, if said consideration consists in whole or in part of
any real estate, also with such clerk of the county or corporation wherein
said real estate is situated ; provided, however, that nothing in this act shall
apply to agreements for the care of cemetery lots, mausoleums, columbaria,
or other places of sepulture perpetually or for lesser periods of time.
§ 2. Within thirty days following the receipt of any money paid
pursuant to any contract described in the preceding section or interest
thereon or income accrued on or from any other consideration delivered
pursuant to such agreement, the person, firm or corporation receiving it
shall deposit the same in a special trust account in a banking institution
or savings, building and loan association organized under the laws of this
State or of the United States of America the deposits or accounts of which
are insured by an instrumentality of the federal government, in the name
of such person, firm or corporation as trustee for the person whose death
requires the performance of said contract.
§ 3. Within thirty days following the receipt of any personal prop-
erty other than money delivered pursuant to any contract described in
§ 1 hereof the person, firm or corporation receiving it, if title thereto be
transferred, or the person making such delivery, if title thereto be not
transferred, shall execute in writing a declaration of trust setting forth all
the terms, conditions and considerations upon which said personal prop-
erty is delivered, which shall be acknowledged in the same manner as said
contract and recorded in each of the clerk’s offices in which said contract
is required to be recorded, provided, however, that such declaration of
trust may be combined with and contained in said contract as a part there-
of in lieu of the requirement of this section.
§ 4. The deed conveying any real estate constituting the considera-
tion named in any such contract shall contain a full and complete statement
of all the terms, conditions, and consideration upon which it is conveyed
and shall be recorded in each of the clerk’s offices in which said contract
is required to be recorded.
§ 5. Any money, personal property or real property paid, delivered
or conveyed pursuant to any contract described in § 1 of this act shall be
exempt from levy, garnishee or distress not exceeding two hundred dol-
lars in value.
. Any person, firm or corporation violating the provisions of §§ 1
through 4 shall be guilty of a misdemeanor and upon conviction thereof
shall be punished as provided by law.