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 | 1938 |
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Law Number | 203 |
Subjects |
Law Body
Chap. 203.—An ACT to amend and re-enact Section 17, as amended, of Chapter
342 of the Acts of the General Assembly of 1932, approved March 26,
1932, and known, designated and cited as the Motor Vehicle Code of
Virginia, relating to registration cards and certificates of title, so as_ to
prevent transfers of and noting liens on certificates of title to motor vehicles,
trailers and semi-trailers which have been levied on and seized by officers.
[S B 194]
Approved March 19, 1938
1. Be it enacted by the General Assembly of Virginia, That section
seventeen, as amended, of chapter three hundred and forty-two of
the Acts of the General Assembly of nineteen hundred and thirty-two,
approved March twenty-sixth, nineteen hundred and thirty-two, and
known, designated and cited as the Motor Vehicle Code of Virginia,
be amended and re-enacted so as to read as follows:
Section 17. Registration Cards and Certificates of Title.
(a) The division upon receiving an application for a certificate of
title for a motor vehicle, trailer or semi-trailer shall issue to the owner
a certificate of title therefor and a registration card as separate docu-
ments. Such owner upon receiving the said registration card shall
sign his name thereon with pen and ink, in the space provided.
(b) The division upon receiving an application for a certificate of
title to a motor vehicle, trailer or semi-trailer showing liens or encum-
brances upon said motor vehicle, trailer or semi-trailer, shall, upon
issuing to the owner thereof a certificate of title therefor, show upon
the face of the certificate of title all liens or encumbrances disclosed
by such application. All such liens or encumbrances shall be shown
in the order of their priority, said priority being according to the in-
formation contained in such application.
Liens or encumbrances placed on motor vehicles, trailers or semi-
trailers by the voluntary act of the owner after the original issue of
title to the owner must be shown on said certificates of title. In such
cases, the owner shall file application with the division on a blank
furnished for that purpose, setting forth the said lien or liens and such
ee a, Vaihe
information in connection therewith as the said division may deem
necessary, and the division, if satisfied that it is proper that the same
be recorded, and upon surrender of the certificate of title covering said
motor vehicle, trailer, or semi-trailer, shall thereupon issue a new cer-
tificate of title, showing said liens or encumbrances in the order of their
priority, said priority being according to the date of the filing of said
application for same. For the purpose of recording such subsequent
lien, the director may require any lien holder to deliver to the director
the said certificate of title; upon issuing the said new certificate it shall
thereupon be sent or delivered to the said lien holder from whom the
prior certificate was obtained.
Said certificate of title of such motor vehicle, trailer or semi-trailer
shall be delivered to the person, firm or corporation holding the first
lien or encumbrance upon said motor vehicle, trailer or semi-trailer and
retained by him or them until the entire amount of his or their lien
is fully paid by the owner of said motor vehicle, trailer or semi-trailer,
when the same shall be delivered to the next lien holder, and so on, and
if none, then to the owner of said motor vehicle, trailer or semi-trailer,
Said certificate of title, when issued by the division showing a lien or
encumbrance, shall be deemed adequate notice to the Commonwealth,
creditors and purchasers that a lien against the motor vehicle exists and
the recording of such reservation of title, lien or encumbrance in the
county or city wherein the purchaser or debtor resides or elsewhere
is not necessary and shall not be required. Motor vehicles, trailers
or semi-trailers registered or for which a certificate of title shall have
been issued under this act shall not be subjected to, but shall be exempt
from the provisions of sections fifty-one hundred and eighty-nine and
fifty-two hundred and twenty-four of the Code of Virginia, as amended,
nor shall recordation of such lien in any other place for any other
purpose be required and shall have no effect. Provided that if applica-
tion for the registration or recordation of a lien or encumbrance to be
placed upon a motor vehicle, trailer or semi-trailer be filed in the office
of the Division of Motor Vehicles in the city of Richmond, Virginia,
within ten (10) days from the date of such applicant’s purchase of
such motor vehicle, trailer or semi-trailer, it shall be as valid as to
all persons, whomsoever, including the Commonwealth, as if such
registration had been done on the day such lien or encumbrance was
acquired and liens shown upon such certificates of title issued by the
division pursuant to applications for same, shall have priority over
any other liens against such motor vehicle, trailer or semi-trailer, how-
ever created and recorded.
Provided, however, a levy made by virtue of an execution, fieri
facias, or other proper court order, upon a motor vehicle, trailer or
semi-trailer, for which a certificate of title has been issued by the divi-
sion, shall constitute a lien, subsequent to liens theretofore recorded by
the division, if and when the officer making such levy reports to the
division at its office in Richmond, Virginia, on forms provided therefor
by the division, that such levy has been made, and that the motor
vehicle, trailer or semi-trailer thus levied upon has been seized bv and
is in the custody of such officer, and should such lien be thereafter
satished or should the motor vehicle, trailer or semi-trailer thus levied
upon and seized, be thereafter released by such officer, he shall im-
mediately report that fact to the division at its office in Richmond.
Any owner who, after such levy and seizure by an officer and before
the report thereof by the officer to the division, shall fraudulently
assign or transfer his title to or interest in such motor vehicle, trailer
or semi-trailer, or cause the certificate of title thereto to be assigned
or transferred, or cause a lien or encumbrance to be shown upon such
certificate of title, shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined not less than twenty-five nor more
than five hundred dollars, or imprisoned in jail for not less than ten
days nor more than twelve months.
(b%4) The fee to be paid to the division for the issuance of each
certificate of title shall be one ($1.00) dollar.
(c) The registration card and the certificate of title shall each
contain upon the face thereof the date issued, the registration number
assigned to the owner and to the motor vehicle, trailer or semi-trailer,
the name and address of the owner, a description of the registered motor
vehicle, trailer or semi-trailer, and such other statement of facts as may
be determined by the division.
(d) The registration card shall contain upon the reverse side forms
for endorsement of the signature and notice to the division of a transfer
of the motor vehicle, trailer or semi-trailer.
(e) The certificate of title shall contain a statement of the owner’s
title and of all liens or encumbrances upon the motor vehicle, trailer
or semi-trailer therein described and whether possession is held by
the owner under a lease, contract or conditional sale or other like
agreement. The certificate of title shall also contain upon the reverse
side forms of assignment of title or interest and warranty thereof with
space for notation of liens and encumbrances upon such motor vehicle,
trailer or semi-trailer at the time of a transfer.
(f{) Every certificate of title issued under this section shall be
valid for the life of the motor vehicle, trailer or semi-trailer so long
as the owner to whom the same is issued shall retain legal title or
right of possession of or to such vehicle, and such certificates need not
pe renewed annually or at any other time except upon a transfer of
‘itle or interest of the owner.
Chap. 204—-An ACT to amend an act entitled “An act concerning weights and
measures; and to repeal Sections 1464 to 1470, both inclusive, and Sections
1472 to 1485, both inclusive, of the Code of Virginia”, approved March 14,
1924, as heretofore amended, by adding thereto a new section numbered 5-a,
authorizing the Commissioner of Agriculture and Immigration to appoint
assistants, deputies and inspectors, and weighmasters and fix fees for services
rendered by agreement with or at the request of the person or party served.
[S B 214]
Approved March 19, 1938
1. Be it enacted by the General Assembly of Virginia, That an
act entitled “An act concerning weights and measures; and to repeal
sections fourteen hundred and sixty-four to fourteen hundred and
seventy, both inclusive, and sections fourteen hundred and seventy-two
to fourteen hundred and eighty-five, both inclusive, of the Code of
Virginia’, approved March fourteenth, nineteen hundred and twenty-
four, as heretofore amended, be amended by adding thereto a new sec-
tion numbered five-a, which new section shall read as follows:
Section 5-a. The Commissioner of Agriculture and Immigration
may appoint assistants, deputies and inspectors to assist in carrying
out the weights and measures laws of this State and the rules and
regulations adopted and established pursuant thereto. Such assistants,
deputies and inspectors shall have all the authority and powers of local
sealers, but their activities and functions shall not be restricted to any
particular counties or cities unless the said Commissioner shall so
direct. The said Commissioner may also appoint weighmasters who
shall perform such duties and functions as may be properly required
by the said Commissioner; and he may approve as weighmasters per-
sons now or hereafter privately employed for that purpose. The Com-
missioner shall have the authority to fix the compensation of persons
appointed hereunder and to remove them at any time. Any appoint-
ment hereunder may be for full or part time. All such appointments
and compensation shall be subject to the approval of the State Board
of Agriculture and Immigration, and such compensation shall be in
accordance with such schedule as may have been approved by the
Governor. |
No fees shall be charged for the services of any appointee here-
under unless such services be rendered by agreement with or at the
request of the person or party served. In event services be rendered
by agreement with or at the request of the party served such fees may
be charged as the said Commissioner may deem proper. All fees and
moneys collected or received pursuant hereto shall be paid into the
State Treasury to be there mantained in a separate fund which is
hereby appropriated to the Department of Agriculture and Immigra-
tion for the administration and carrying out the provisions hereof.