Chap. 16.—An ACT to amend and re-enact Section 6438 of the Code of Virginia,
as heretofore amended, in relation to lien of employees of transportation, etc.,
companies, so as to make it apply to individuals, partnerships and unincor-
porated associations as well as incorporated companies. [H B 75]

Approved February 24, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion sixty-four hundred and thirty-eight of the Code of Virginia, as
heretofore amended, be amended and re-enacted so as to read as
follows:

Section 6438. All conductors, brakemen, engine drivers, firemen,
captains, stewards, pilots, clerks, depot or office agents, storekeepers,
mechanics, traveling representatives or laborers, and all persons fur-
nishing railroad iron, engines, cars, fuel and all other supplies necessary
to the operation of any railway, canal or other transportation company,
and all clerks, mechanics, traveling representatives, foremen, and la-
borers, and superintendents to the extent of not more than twenty-
five dollars per week, who furnish their services or labor to any
one or more individuals trading under.a real or fictitious name, or
names, or to anv partnership or other unincorporated body of persons,
engaged in mining or manufacturing, or to any mining or manutac-
turing company, whether such railway, canal or other transportation
Or mining or manufacturing company be chartered under or by the
laws of this State, or be chartered elsewhere and be doing business
within the limits of this State, shall have a prior lien on the franchises,
gross earnings and on all the real and personal property of. said indi-
vidual, partnership, unincorporated association or company which is
used in operating the same, to the extent of the moneys due them
by said individual, partnership, unincorporated association or company
for such wages or supplies, which lien shall be superior to, and have
priority over, any amount due by such individual, partnership, unin-
corporated association or company for rents, or royalties; and no
mortgage, deed of trust, sale, hypothecation or conveyance executed
since the first day of May, eighteen hundred and eighty-eight, shall
defeat or take precedence over said lien; provided, however, that the
lien secured by this section to parties furnishing supplies, shall be sub-
ordinate to that allowed to clerks, mechanics, foremen, superintendents,
and laborers for services furnished as aforesaid; and provided, that
if any person entitled to a lien as well under section sixty-four hundred
and twenty-six as under this section, shall perfect his lien given by
either section, he shall not be entitled to the benefit of the other; and
provided, also, that no right to or remedy upon a lien which has al-
ready accrued to any person shall be extended, abridged or otherwise
affected hereby.